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Veritas et Justitia
Published by Universitas Katolik Parahyangan
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
Arjuna Subject : -
Articles 260 Documents
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PELAKSANAAN PERLINDUNGAN ANAK YANG TEREKSPLOITASI SECARA EKONOMI OLEH PEMERINTAH KOTA PADANG Simbolon, Laurensius Arliman
Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2076

Abstract

Children are our future and in their own time bear the responsibility to develop their own world. To enable them doing so, they should not be forced to work to earn a living or support their family.  Children should be allowed to grow in the safety of a home, at school and at playgrounds.  In this paper the author will explore children problems related economic exploitations,  what policies are developed by the municipal government of Padang to protect children from economic exploitations and what are the obstacles in implementing these policies. One of the finding is that the Social and Manpower Service and the Family Planning, Women and Community Empowerment Board of the Padang municipal government develops training programs aiming to give exploited children practical skills in helping them to cope.  Factors influencing economic exploitation of children are numerous and complex: lack of education, lessening of people’s adherence to religious norms, societal environment, shift in cultural values, economic problems, etc. Based on the above the author suggests that the municipal government should take cognizance of these factors when attempting to deal with the problem.  Keywords: child, exploitation, economy, protection
Revenge porn sebagai Kejahatan Kesusilaan Khusus: perspektif Sobural Christianto, Hwian
Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2682

Abstract

Revenge porn is a new growing modus operandi of crime in society. Law enforcement still considers porn revenge as a pornographic crime in general as it is an activity of disseminating information that violates decency. Approach used by law enforcement in assessing revenge porn is still limited to  formal juridical approach without considering the characteristics of porn revenge that substantive justice is not fulfilled. As part of a full understanding of porn revenge, a Criminological understanding of the Sobural approach is made. Two issues to be studied are (1) what is the significance of using the Sobural approach? And  (2) Is revenge porn a decency crime based on the Sobural approach? Empirical  juridical research method is used in this study by basing on a primer in the form of legislation supported by criminal law theory related to revenge porn. Exposure from primary data is associated with secondary data in the form of Judge Judgment to see understanding of defeating of revenge porn by a judge.  The results of the study show that criminological understanding of porn revenge provides a very significant different approach in criminal law. Revenge porn is judged by the context of the community in which the perpetrators and acts of revenge porn are performed. Sobural (Social, Cultural and Structural) approach affirms contextual assessment of porn revenge based on social values, cultural values and structural factors of society. The approach of these three elements has a close correlation with the moral norms as the measure of defamation of crime of pornography as a decency crime. The integration of the Sobural approach to the understanding of moral norms in assessing porn revenge will provide an opportunity for the enforcement of living laws in society.
PEMBATASAN HAK UNTUK MENIKAH ANTARA PEKERJA DALAM SATU PERUSAHAAN Novenanty, Wurianalya Maria
Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2066

Abstract

There are a number of corporations or economic entities which enact internal employment regulations prohibiting its employees to inter-marry. Sanction to the violation of this rule is voluntary or forced resignation. It is argued that the ratio legis is to prevent personal conflict of interest, discriminative treatment and incidence of corruption-collusion and nepotism in the work place.  The author shall critically analyze such regulation against the background of the prevailing laws, i.e. the 1945 Constitution, Human Rights laws, Marriage Law (1/1974) and Labor law (13/2003). The author’s main finding is that it is permissible to restrict a person’s right to marry under certain conditions, i.e. in the nation’s interest and public order and that such limitation can only be applied by public corporations working in the public interest.                                                                                                                                                                  Keywords: human rights, marriage, labor, corporations
AKIBAT HUKUM PERATIFIKASIAN PERJANJIAN INTERNASIONAL DI INDONESIA: STUDI KASUS KONVENSI PALERMO 2000 Dewanto, Wisnu Aryo
Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.1416

Abstract

AbstractRatification in Indonesia does not have any legal consequences for the application of the treaties at national level.  The reason is that ratification only binds Indonesia as a subject of international law. In comparison, parliamentary approval in the Indonesian context is not the same as the United States Senate’s approval. The Indonesian Government signed the Palermo Convention on December 12, 2000 and ratified it on April 20, 2009. The issue discussed here regards the legal status of this Convention.  In the 80’s it was assumed that any treaties ratified or acceded, would ipso facto be enforceable in Indonesia. I argued that Indonesia should be regarded as a state applying the monist approach, which legal practice seems to reject.  I stand for the monist approach especially with regard to the legal status of the 2000 Palermo Convention. In addition I also argue about the importance of differentiating between Indonesia’s international obligations and the issue of direct applicaton of the Convention by national couts. Keywords: Ratification, Integration, Implementation, Treaty, Indonesia’s legal system
HATE CRIMES DI INDONESIA DALAM PERSPEKTIF PERBANDINGAN HUKUM Wulandari, Widati
Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2525

Abstract

This article discusses the deficiency of the Indonesian criminal law with regard to the criminalization of hate crimes. Taking into consideration the fact that Indonesia faces a high incidence of social conflict due to rising intolerance and discrimination targeting minority groups.  The combination of (racial-ethnic-religious) discrimination and hatred against minority groups in most cases results in various forms of common crimes which generally is known as hate crimes. Using a comparative law method, by and between Indonesian criminal law and the criminal law of other countries experiencing hate crimes, the author highlights options for eradicating hate crimes. One important finding is the tendency of a number of countries to perceive hatred or prejudice which motivate the perpetrator of hate crimes as aggravating factor and not to as as separate substantive offence.
PERLINDUNGAN HUKUM TERHADAP KELOMPOK AGAMA MINORITAS DALAM HUKUM PIDANA INDONESIA Sumika Putri, Nella
Veritas et Justitia Vol 4, No 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2912

Abstract

Criminal law should provide protection to all citizens (individually or communities) without regard to their ethnicity, race or religion. In addition, it is also important that its implementation should be done non-discriminatively.  This research is done using a normative juridical approach. The most important finding is that a number of penal regulations (inter alia, prohibiting blasphemy, genocide or in the criminal code draft relating to extra-marital sex) in its implementation and enforcement results in discrimination or even worse persecution of minority groups. The author here argues that, in order to guarantee the principle of equal treatment before the law and protection of (religious) minority groups, those penal regulations should be harmonized and read within the context of other existing penal rules.
Liberalisasi Fee Advokat: Antara Perlindungan Dan Kompetisi Terhadap Advokat Indonesia Delarosa, Stella
Veritas et Justitia Vol 2, No 2 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2271

Abstract

Abstract  This article analyses issues related to the implementation of fee liberalization by the ASEAN Economic Community (AEC) and its effect to the legal service business sector. Indonesian lawyers, as a consequence, will then have to compete with foreign legal service providers. It is assumed that through fair and transparent competition a more accountable business atmosphere can be created. However, a number of legal regulations at the national level establishes non-trade barriers, effectively obstructing the AEC’ market liberalization project. The authors standing here is that the policy of protecting domestic lawyers or advocates should be rescinded and to that purpose Indonesia should amend the prevailing Law on Advocate.
FAKTOR PENYEBAB PENYIMPANGAN TATA RUANG (STUDI PEMBANGUNAN CONDOMINIUM) DI KOTA BANDUNG Isradjuningtias, Agri Chairunisa
Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2687

Abstract

Condominium development is the answer for those who need a place to live, but not a few whose development was violate the laws and regulations related to spatial planning, then this research is on behalf to anticipate the causes of spatial deviation by using socio legal research method. Based on the research that has been carried out found the factors that cause spatial deviation (Study of Condominium Development) in Bandung are Citizen Factors, Government Factors and Market Strength Factors in which these three factors are not stand-alone but become a linkage that can not be separated from one another.
HAK CIPTA SEBAGAI OBYEK JAMINAN FIDUSIA DITINJAU DARI UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA DAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Merista, Ovia
Veritas et Justitia Vol 2, No 1 (2016)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2072

Abstract

This article shall discuss the possibility to utilize copyright as fiduciary security to a loan, in accordance to Law No. 42 of 1999 regarding fiduciary pledge/security and the Copyrights Law (Law No. 28 of 2014). The use of copyrights as a fiduciary security is made possible as copyright owner possess exclusive economic rights and not only moral rights. The procedure to be followed is regulated by Law No. 42 of 1999. The economic value of the copyright, is however, determined by the (potential) utilization of the object. In fact the value is calculated against the copyright holder’s right to remuneration or royalty.  Keywords: copyrights, security to a loan, fiduciary, moral and economic exclusive rights
FENOMENA KORUPSI PEJABAT PUBLIK DI JAWA BARAT DAN CARA MENGATASINYA Atnan, Nur
Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.1421

Abstract

Abstract The negative effect of the decentralization policy implemented since 2001 is that corruption too become decentralized, especially in West Java. This article discusses: (1) patterns of corruption; (2)probable causes of corruption by government officials; and (3) proposed solution. To do just that, the author chose a socio legal research approach. Empirical data was collected through in depth interview.  The main findings are: (1) Corruption in West Java mostly took the form of state budget misappropriation; (2) the major source of corruption is abuse of power, money politics and the tendency to misuse loopholes in rules and regulations.  Law enforcement should therefore focus on betterment of regulation, organizational structure and legal culture of the officers.

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