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Justitia et Pax
ISSN : 08521883     EISSN : 25413007     DOI : -
Core Subject : Social,
JEP is primarily aimed to facilitate the legal scholars, researchers or practitioners in publishing their original or reviewed articles as well as to support the enactment of in-depth discussions on the related issues. It is also purposed to become a source of reference for those are involved in legal field. JEP covers any topics related to Indonesian laws and legal system, spanning from the private and public law and covering various legal approaches, such as the comparative law, sociology of law, legal history and many others. Other contemporary legal studies, such as commercial and business law, medical law, law and technology, natural resources law and Islamic law are also covered. Hence, any contributions from legal scholars and practitioners are appreciatively welcomed.
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Articles 7 Documents
Search results for , issue "Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021" : 7 Documents clear
HAK VETO DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA DAN ASAS EQUALITY OF THE STATES DALAM ERA GLOBALISASI Adventura, Battista Pridana
Justitia et Pax Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i2.3849

Abstract

The Security Council is one of the organs of the United Nations to assist its task in maintaining world security and peace. In carrying out its duties, the Security Council is guided by the principles known in the United Nations, as regulated in Article 2 paragraph 1 of the United Nations Charter. One of the principles is the equality of position or degrees of all member countries. But the phenomenon that occurs is the opposite, equality of position is not respected in the UN Security Council considering that in making decisions, it is known that there is a veto that only applies owned by a permanent member state of the Security Council and this right is often used to carry out foreign policy and maintain interests with allied countries. Seeing this phenomenon, is the veto power still relevant today? And are there any attempts to reduce or limit the permanent member states of the UN Security Council from exercising that veto? The purpose of this study is to identify whether or not there is a need for reform of the use of the veto power which incidentally is not by the principle of equity of the states. This research uses normative legal research. The conclusion of this paper is every country has the same position, but the current phenomenon is a country that has strong power, will affect other countries, as evidenced by the three cases discussed in this paper, then the veto right shows the privilege for the five founders of the United Nations compared to other countries.
AN EXPLORATION TO CHRISTIANITY TEACHING CONCERNING PENAL MEDIATION OF CRIMINAL PROCEDURE LAW IN INDONESIA Rumbay, Christar Arstilo; Wiryadinata, Halim
Justitia et Pax Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i2.3654

Abstract

Civil court justice shares the nature of mediation as part of litigation process. However, criminal procedure code does not accommodate penal mediation by litigation and non-litigation process. Therefore, penal mediation is considered as an Alternative Dispute Resolution in criminal law. This article attempts to build conversation between jurisprudence and theology, especially speaking the nature of mediatorship of Christian teaching that could be considered as beneficial donates for future penal mediation in criminal law in Indonesia. This research is qualitative work. Literatures, articles, books and related references will receive attention. In conclusion, penal mediation applies to litigation and non-litigation tract, the state should conduct its implementation, modern law maintains its legacy, Christology serves the initiation, and penal mediation pursues restorative justice.
PARADIGMA MAKNA FINAL DAN MENGIKAT PUTUSAN DEWAN KEHORMATAN PENYELENGGARA PEMILU Ismail, Ismail; Hapsoro, Fakhris Lutfianto
Justitia et Pax Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i2.4312

Abstract

In several cases of settlement of the State Administrative Court, the Panel of Judges annulled the Presidential Decree (beschikking) which followed up on a Decision of the Honorary Council of Election Organizers regarding the dishonorable dismissal of members of the General Election Commission. Basically, the decision of the Honorary Election Organizing Council is final and binding. With this practice in mind, this paper discusses how the paradigm is "final and binding" in the Decisions of the Honorary Election Organizing Council and what the consequences are for legal certainty. This paper uses a normative juridical approach. The results of this paper indicate that the "final and binding" nature of the DKPP Decision has a paradigm of meaning and creates uncertainty and disruption of legal order in the administration of elections and nullifies the essence of the existence of DKPP as an ethical judiciary institution that balances power (checks and balances).
PERTANGGUNGJAWABAN PIDANA KORPORASI PADA PERKARA TINDAK PIDANA PENCUCIAN UANG Listawati, Listawati
Justitia et Pax Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i2.4412

Abstract

Law Number 8 Year 2010 concerning Prevention and Eradication of Money Laundering Act (UU TPPU) has stipulates that criminal liability shall not only apply to natural persons but also legal entities and non-legal entities. In practice, corporate criminal liability has only been applied in the case of money laundering crimes committed by PT. Beringin Bangun Utama. This paper is intended to determine the regulation of corporate criminal liability based on the Money Laundering Law and its application in the case of PT. Beringin Bangun Utama. This study uses a normative method with 3 (three) approaches, namely the statutory approach, the case approach, and the conceptual approach. The results of the research conclude that corporate criminal liability in money laundering cases uses the doctrine of identification where to be able to impose criminal responsibility on corporations, law enforcement must be able to identify that those who commit (actus reus) are controlling personnel (directing mind or controlling mind). Furthermore, the intention or the attitude of the heart of guilt (mens rea) in the the doctrine of identification can be determined if the crime is committed in the context of providing benefits to the corporation.
PARAMETER KEYAKINAN HAKIM DALAM MEMUTUS PERKARA PIDANA Triantono, Triantono; Marizal, Muhammad
Justitia et Pax Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i2.3744

Abstract

According to Article 183 of the Criminal Procedure Code, a judge may not impose a sentence on a person unless he has at least two valid evidence and he is convinced that a criminal act actually occurred and that the defendant was guilty of committing it. In this context there are at least two means of evidence and belief must be applied cumulatively based on the negative evidence theory (negative wettelijk bewijs theorie) adopted in Indonesia. The word two means of evidence refers to the parameter that there must be at least two pieces of evidence from the four pieces of evidence that have been determined limitatifly based on Article 184 of the Criminal Procedure Code, but the problem is that there is no clear measure (parameter) regarding the judge's conviction. The results of the study concluded that the judge's confidence parameters consisted of formal parameters and material parameters. Formal parameters are very much determined by formal evidence as stipulated in law and jurisprudence. Meanwhile, material actors have a freer character not only to see formal procedural facts but also to juridical, sociological, and philosophical aspects.
STATUS HUKUM KEUANGAN PERSEROAN TERBATAS (PERSERO) BERDASARKAN TEORI BADAN HUKUM DAN TEORI TRANSFORMASI KEUANGAN Debby, Debby
Justitia et Pax Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i2.4183

Abstract

The lack of understanding about public finance and private finance will affect the procedures for the management and accountability of a finance. Based on Article 2 letter g Law Number 17 of 2003, separated state assets which are used as capital participation (in this case money) in Limited Liability Companies (Persero) are part of state finance. This is not in line with the theory of legal entities and the theory of financial transformation. Based on that, this paper aims to explain the financial legal status of Limited Liability Companies (Persero) based on the theory of legal entities and the theory of financial transformation. This research is in the form of juridical-normative. The data used is secondary data consisting of primary and secondary legal materials. Data analysis was carried out using qualitative methods and the form of the results of this study was prescriptive analysis. Based on the theory of legal entities, a Limited Liability Company (Persero) is a private legal entity that has private power that can take provate legal actions and is subject to the provisions of private law. Based on the theory of financial transformation, the legal status of finance changes (transform) as a result of the legal action of transferring and separating finances from one legal subject to another. The transformation of the financial legal status causes changes in rights and obligations in the control and ownership of money in a legal entity so that management, responsibility and risk are under the new legal subjects.
KEUTAMAAN WORLD TRADE ORGANIZATION ATAS REGIONAL TRADE AGREEMENTS DALAM PERDAGANGAN INTERNASIONAL Sulistyo, A.D. Agung
Justitia et Pax Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i2.4381

Abstract

The economic and political needs of countries in the world have provided a strong basis for the birth of the World Trade Organization (WTO). This need has also prompted many countries to form preferential agreements such as the Regional Trade Agreement (RTA). A clash between the two international trading systems is inevitable, there is the ambiguity of the relationship and inconsistency of views held, such as in discriminatory and non-discriminatory approaches. Doctrinal research was conducted to find out which agreement should take precedence over the two legal regimes. This paper concludes that international legal provisions favor the WTO Agreement over preferential agreements such as the RTA. Thus, an RTA that does not conform to the WTO legal regime should be considered contradictory.

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