Veritas et Justitia 2022-06-27T00:02:04+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> KETIDAKPASTIAN GLOBAL DAN TANGGAPAN PENDIDIKAN TINGGI HUKUM 2022-05-02T12:48:15+07:00 Shidarta Shidarta <p><em>This 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. </em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia HIPOKRISI PARLEMEN DALAM FORMULASI TINDAK PIDANA POLITIK UANG PADA PEMILIHAN KEPALA DAERAH 2022-05-16T14:59:58+07:00 Ferry Fathurokhman <p><em>This 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.</em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia URGENSI PENGATURAN HUKUM CENTRAL BANK DIGITAL CURRENCY DALAM DIMENSI ANTI PENCUCIAN UANG 2021-06-20T21:10:34+07:00 Go Lisanawati Erly Aristo <p><em>The issue of digitalized forms of payment systems has required adjustment from a State to accomodate and respond. One of the issues is concerning the use of virtual currencies, and Central Bank Digital Currency. It requires the accomodative and responsive of the law instruments in Indonesia to arrange that issue. The payment systems’ policy in Indonesia has not placed any issues of crypto/digital currency as one of the payment methods. Central Bank Digital Currency is a the digital form of fiat money. Through the Bank Indonesia Regulation </em>Number 18/40/PBI/2016<em> concerning Operation of Payments Transaction Processing, and Bank Indonesia Regulation Number </em>19/12/PBI/2017<em> concerning the Implementation of Financial Technology, it can be understood that Indonesia remain bans the use of any virtual currency as payment instruments. Central Bank Digital Currency has different form of virtual currencies which are not issued by the state, but it is remain called as virtual currencies. In fact, the use of virtual currencies has been exploited by money launderer to do laundering. Virtual currencies has no underlying asset or responsible authority or administrator, volatile, risky, and speculative. This article is a normative legal research method that will analyzed the direction in which Indonesian Law can headed Central Bank Digital Currency while the option has become more less for not response it. The result of this research has showed that it is urgently need for Bank Indonesia (as a central bank in Indonesia) to recognise Central Bank Digital Currency as payment’s instrument.</em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia PROGRAM ARTEMIS: TANTANGAN HUKUM RUANG ANGKASA DI ERA BARU 2021-05-17T21:03:43+07:00 Taufik Rachmat Nugraha <p><em>Artemis program has mainly focused on space exploration and exploitation of the Moon and other celestial bodies. United States government as initiator is inviting government and non-government entities to involved in the Artemis program through Artemis Accords. Furthermore, this program will challenge Corpus Juris Spatialis as existing law. It could not properly answer the future problems because this law has begun obsolete after 50 years since it was composed. However, Corpus Juris Spatialis was too geocentric, using Earth as the primary benchmark of space activities. Because of that, it has lacunæ on mineral exploitation, space environment, and properties issues. Based on those facts, there must be a new regulation along with planetary sustainability approach and with space-centric character on which covered all future questions comprehensively. Furthermore, this article will examine the Artemis program using a comparative method between the U.S. and Luxembourg national legislation with Corpus Juris Spatialis as existing international space law. The author will propose a space-centric concept as a new approach to preserve outer space as the common heritage of mankind and reducing space environmental damage from such activities.</em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia OMNIBUS LAW: DOMINASI KEKUASAAN EKSEKUTIF DALAM PEMBENTUKAN LEGISLASI 2020-11-24T00:37:06+07:00 Agus Suntoro Kania Rahma Nureda <p><em>President Joko Widodo on November 2, 2020 signed Law No. 11 of 2020 concerning Job Creation, which is known to the public as the omnibus law.</em> <em>The omnibus law is a simplification mechanism for 79 (seventy nine) laws aimed at encouraging investment and job creation.</em> <em>Various aspirations and objections from the public, in terms of substance and formality were not taken seriously by the government and parliament, instead there were arrests, detentions and suggested a judicial review at the Constitutional Court.</em> <em>The presence of the omnibus law will increase regulatory obesity because it imposes a delegation of 450 (four hundred and fifty) arrangements and further emphasizes the dominance of executive power. The research method used is qualitative with descriptive presentation. Primary legal materials are collected through inquiries from members of parliament and academics/experts, while secondary legal materials are based on reports, journals, books and regulations. This research concludes that: (a) the acceleration of the discussion of the Job Creation Law is influenced by the power of the President as the leader of the coalition whose membership reaches 74% in parliament; (b) the formation process is still problematic in the formal aspect, especially with the lack of public participation and transparency, but the omnibus law has become a new tradition in the formation of the state administration system; and (c) the Job Creation Law becomes an indicator of the domination and integralism of executive power and a reduction in legislative authority in drafting laws.</em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia DAMPAK ASAS IMUNITAS TERHADAP PENYELESAIAN PERSELISIHAN HUBUNGAN KERJA ANTARA PEGAWAI SETEMPAT (LOCAL STAFF) DENGAN PERWAKILAN NEGARA ASING 2022-06-17T10:01:42+07:00 Ida Susanti <p><em>The employment agreement between local staff and Representatives of Foreign Countries (RFC) is very problematic, because many people believe that a RFC has the immunity to be sued before the court where the RFC is located. Applicability of this immunity to employment agreement’s disputes between the local staff and the RFC is debatable. This paper will examine restrictions on the application of the principle of immunity in employment agreements, and how these exemptions impact legal protection for local staff. Therefore, using the normative/doctrinal approach, this paper will discuss the meaning of the immunity principle and its application in the employment relationship between RFC and local staff; the jurisdiction of the local court to resolve disputes between local staff and the RFC; and the impact of the limitation of the principle of immunity to the legal protection that will be provided to local staff with RFCs. Those will be seen both in regulations, court decision and opinio-doctorum. Finally, this paper will recommend parameters for determining the criteria to limit the application of the immunity principle in the employment agreement.</em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia PAJAK PENGHASILAN BAGI OVER-THE-TOP DI INDONESIA: SEBUAH PELUANG DAN TANTANGAN 2022-05-04T19:27:25+07:00 Amelia Cahyadini Zainal Muttaqin Sinta Dewi Dewi Kania Sugiharti <p><em>Over-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.</em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia URGENSI HUKUM WARIS NASIONAL SETELAH BERLAKUNYA UNDANG-UNDANG NO.23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN 2022-05-04T18:47:21+07:00 Dewi Fortuna Limurti <p><em>Inheritance 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.</em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia PERAN AHLI JIWA DALAM PEMBUKTIAN TINDAK PIDANA KEKERASAN PSIKIS DALAM RUMAH TANGGA 2021-05-29T13:59:27+07:00 Y A Triana Ohoiwutun Fiska Maulidian Nugroho Samsudi Samsudi Ari Dewanto <p><em>Domestic 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's 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.</em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia PROTOKOL KESEHATAN DAN GENEALOGI HUKUM DI MASA PANDEMI COVID-19 2021-09-26T12:28:23+07:00 Harison Citrawan <p><em>This article encapsulates the dialectics between law and science in the time of Covid-19 pandemic. It attempts to appraise the objectivity and normativity of the Health Protocol by rendering both legal and scientific characteristics. As a legal construct, the Protocol is genealogically justified from three discursive aspects of: its position between law and science, its reflection on matter and the materiality of law, and the immanent power within it. A close scrutiny towards the Protocol enables us to grasp legal objectivity and normativity not to be seen as a traditional one-way linear trajectory. In lieu, the force of law derives from plural-micro processes insisting a democratic process of knowledge in it.</em></p> 2022-06-27T00:00:00+07:00 Copyright (c) 2022 Veritas et Justitia