Veritas et Justitia 2021-02-20T18:49:26+07:00 A Dwi Rachmanto Open Journal Systems <p><em>Online</em> ISSN 2460-4488 - <em>Print</em> ISSN 2460-0555 </p> <p><strong>Veritas et Justitia is a periodical legal journal</strong>, managed and published under the auspices of the <strong>Faculty of Law, Catholic University of Parahyangan</strong>. <strong>The first edition was published in June 2015</strong> and was meant to replace “Pro Justitia” a journal which ended its publication four years earlier.</p> <p><strong>Veritas et Justita</strong> is a media publishing articles on current national-international legal issues or legal research, written by legal academicians as well as legal practitioners. <strong>Veritas et Justitia i</strong>s a member of <strong>Indonesian Law Journal Association (APJHI).</strong></p> <p><strong>Veritas et Justitia as a periodical (legal science) journal will be published twice a year, in June and December</strong>. Articles accepted and collated within one periodical will be published on line and can be fully accessed via the Journal’s website. Hard copy will be published at the end of each publication period. Articles published shall be fully considered the respective authors opinion and argumentation and consequently shall not be considered representative of the editorial board’s or the faculty’ opinion and beliefs.</p> <p>Manuscripts submitted and to be published covers the broad spectrum of law, i.e. <strong>Civil Law, Administrative Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, International Law, Islamic Law, Legal Philosophy, Customary Law, Economic Law and Human Rights and Law.</strong></p> <p>All submitted articles shall never been published elsewhere, original and not under consideration for other publication. <strong>Veritas et Justitia </strong>will screen plagiarism with using <strong>Turnitin Program.</strong></p> <p><strong>Authors submits their draft articles to the editorial board at no cost. No cost shall also be payable to the editorial board during the review process or for the publication.</strong></p> <p>Since December 2017, <strong>articles submitted shall be reviewed by two reviewers</strong>. Editor also added information about author’s affiliation. All process regarding online journal system shall be reviewed and improved from time to time.</p> <p>Since June 2016 we are a proud member of <strong>CROSSREF</strong>. <strong>Veritas et Justitia</strong> <strong>DOI</strong> <strong>prefix</strong> is <strong>10.25123</strong>. Therefore, all articles published by <strong>Veritas et Justitia</strong> will have unique<strong> DOI number</strong>.<strong> </strong></p> SEJARAH PEMBANGUNAN HUKUM PERBANKAN SYARIAH DI INDONESIA 2021-02-20T18:25:40+07:00 Khotibul Umam <p><em>In this article the author traces the historic development of Islamic or sharia banking in Indonesia and this will be done by analysing the evolution of a series of successive laws promulgated over time. From these laws (Law Nos. 7/1992; 10/1998 and 21/2008) we can discern, how over the years, the Indonesian government gradually accept and recognized sharia banking principles, resulting in the establishment of Sharia Banks alongside conventional Banks. These successive laws also shows the gradual process of policy changes which involves a top-down, bottom up and again a top down approach. Through this process, Sharia Banks develops in Indonesia and has been able to meet society’s need not only for a modern banking system, but also more importantly, providing banking services in line with the sharia. <strong></strong></em></p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia PELAKSANAAN FUNGSI REKOMENDASI OMBUDSMAN REPUBLIK INDONESIA TERHADAP KEPALA DAERAH 2021-02-20T18:25:40+07:00 Adam Setiawan <p><em>The author grapples with the issue of how Heads of Regional government respond to Ombudsman’s recommendations, suggesting correction of public service failures, and what are the legal repercussions if those regional government heads chose to disregard such recommendation. Relevant legal norms - identified from existing legal sources - shall be discussed. It is suggested that Heads of Regional Governments are under the legal obligation to heed the given recommendation and rectify the government error as proposed. In practice, recommendations can and have been on numerous times been ignored. Administrative sanctions, i.e. obligatory special re-training-education programs, in the case of failure to meet Ombudsman’s recommendation, has been dismissed with impunity by both the Ministry of Home Affairs and the Heads of Regional/Local government, by reason of political or legal considerations.</em></p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM INDUSTRI FINANCIAL TECHNOLOGY 2021-02-20T18:26:15+07:00 Elvira Fitriyani Pakpahan Lionel Ricky Chandra Ananta Aria Dewa <p><em>It came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data. Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data. To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose. </em></p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia PERLUASAN KEWENANGAN BPK DALAM MENGAWASI KEUANGAN NEGARA DI LINGKUP PEMERINTAHAN DAERAH 2021-02-20T18:38:13+07:00 Dani Habibi Ian Aji Hermawan <p><em>State budget management is tightly related to how the existing state law regulates fiscal relationship between the central government and the regional-local governments. The authority granted to regional-local government to manage their own budgeting more or less autonomously in practice results in mismanagement, misuse of available financial resources and even corruption. Unfettered and unchecked financial leakage at the regional government level may and have resulted in failure to realize and implement projects much needed by society. In light of this situation, a justified need arise for state intervention to monitor-control planning and realization of regional-local government budget. The author proposed the expansion of the Audit Board of the Republic Indonesia’s authority. They should not passively wait for financial reports to be submitted but actively assist regional-local government in planning their own budget, monitor the spending and realization of it and lastly, provide assistance in drafting the final report.</em></p><p> </p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia PROSPEK PERSEROAN PEMEGANG SAHAM TUNGGAL TANPA PERKECUALIAN UNTUK KEMUDAHAN BISNIS 2021-02-20T18:39:03+07:00 A'an Efendi <p><em>As a general rule, economic enterprises or companies should be established based on the principle of capital association and agreement. In contrast, Law No. 40 of 2007 re. Limited Liability Companies, provide exemptions to both principles. On the basis of this observation the issue discussed in this articles are: (1) why is the exemption provided only for certain forms of economic enterprises or companies; (2) is this exemption to the rule justified, perceived from the principle of equality; and (3) what are the justification for allowing the establishment of a limited liability company with a single investor (sole ownership). Using a juridical doctrinal approach the answer to the above questions are: (1) exemption are granted for state owned companies, established and regulated under public law; (2) the exemption is unjust as it discriminates and allowed for discriminative treatment; and (3) the practice of establishing a limited liability company by a single shareholder is a long standing practice. </em></p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia KAJIAN YURIDIS TERHADAP PERATURAN HUKUM DALAM ASPEK TRANSPARANSI TERHADAP RISIKO PADA LAYANAN PRIORITY BANKING 2021-02-20T18:49:26+07:00 Renny Utaminingsih Harsanto <p><em>One of the new and innovative products offered in context of priority banking services is investment products. This research shall have a look at the transparency aspect of the risk management of this particular bank product offered to priority customers and will be conducted by a juridical normative method. In addition, the author also interviewed a number of key informants working in the banking industry at Bandung. The legal analysis conducted shows that while quite a number of rules and regulation in regard to risk management of bank investment products exist and are put in place, what it lacks, in terms of customer protection, is transparency.</em></p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia REKAM MEDIS: PENGGUNAAN INFORMASI MEDIS PASIEN DALAM PELAKSANAAN ASAS PERLINDUNGAN PUBLIK 2021-02-20T18:40:56+07:00 Yudi Yasmin Wijaya Edy Suyanto Fanny Tanuwijaya <p><em>Medical records contain confidential information of patient’s medical condition and treatment given. In the public interest or for the sake of law enforcement, the confidentiality of medical records may be breached. Stake holders (patients, health workers and law enforcers) should take cognizance of what procedures and limitation exist when requesting the acquisition of medical records in the public interest. Using a juridical doctrinal method, the prevailing rules and regulation related to medical record and its breach of confidentiality shall be analysed. One important finding is that there is a dire need to seek a balance between satisfying public interest and the protection of patient’s privacy rights.</em><em></em></p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia DISPENSASI KAWIN AKIBAT HAMIL DI LUAR PERKAWINAN DAN DAMPAKNYA PADA FORMULASI PIDANA ZINA 2021-02-20T18:42:03+07:00 Thogu Ahmad Siregar Petrus Richard Sianturi <p><em>Data shows a high number of under-age or child marriages Indonesia. A related phenomenon is number of dispensation requested to the court to conduct marriage in case one or both couples are under age. Reason for this practice may be escape route from poverty, or as a more common justification to prevent sexual intercourse outside marriage (fornication) considered per se immoral. Meanwhile, drafter of the Indonesian Criminal Code decides to criminalize sexual intercourse outside marriage. The author, using a descriptive analytical approach, suggest that, at the abstract level, a contradiction exist between the rule of allowing the granting of court dispensation and the rule purporting to criminalize sex outside marriage. Dispensation, in the final analysis, may be used to de-criminalize sex between under age couples. </em></p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia PEMBUATAN AKTA/SURAT KETERANGAN WARIS OLEH NOTARIS BAGI MASYARAKAT ADAT BALI 2021-02-20T18:43:10+07:00 Debiana Dewi Sudradjat <p><em>The legal basis justifying the existence of notaries as public officials and a legal profession were Netherland-Indies laws. These colonial laws were, by virtue of Art. I</em><em> </em><em>Transitional Rules of the 1945 Constitution of the Republic of Indonesia (4<sup>th</sup> Amendment), taken over and considered to be still in force. Consequently, one of the public service offered by Notary publics, i.e., issuance of letter of inheritance or written affidavit stating which family members of the deceased may by law be regarded as heir-successor, has not been made available to Balinese adat communities. This service can only be enjoyed by those individuals who submit themselves to the (colonial) Civil Code. The article explores, using a juridical empirical approach, the possibility to extent the above public notary’s service to Balinese adat (traditional) communities.</em></p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia FORMULASI KEBIJAKAN PEMBENTUKAN KURIKULUM MUATAN LOKAL BUDIDAYA DAN AGRIBISNIS JAGUNG 2021-02-20T18:43:49+07:00 Lucky Dafira Nugroho Aprilina Pawestri Indah Setyo Wardhani <p><em>This article addressed the question, from a juridical empirical approach) to what extent the making and implementation of a new curriculum at formal educational institution at Madura containing lesson for the preservation and development of local corn cultivation and agriculture may have positive impact on the enhancement of the local economy. Field study is conducted at the Sumenep district. The main finding is that the regional autonomy policy opens up the possibility for regional/local government to make and implement educational policy introducing a new curriculum containing lesson in local corn cultivation and corn agribusiness. This new curriculum may be implemented at the basic school up to the intermediate level with the purpose of strengthening local culture, i.e., traditional corn cultivation. With that in mind a regional regulation should be issued providing the legal basis for the above policy.</em></p> 2020-12-25T00:00:00+07:00 Copyright (c) 2020 Veritas et Justitia