(searched for: doi:(10.25123/*))
Veritas et Justitia, Volume 6, pp 23-48; doi:10.25123/vej.3479
This juridical normative and empirical study is conducted with the aim at analyzing the relationship between corruption and human rights violation. Two issues shall be discussed, i.e. what factors inhibits the use of human right approach in corruption cases and what changes can be made to the criminal justice system, especially in relation to the penal judgement. One factor inhibiting the use of a human right approach in handling corruption cases in the perspective of treating corruption as pure criminal act wholly unrelated to violation of human rights. To rectify this situation and accommodate this human right approach, the author recommends to prioritize and use fine which basic value is social welfare. Court decision in corruption cases, in addition, should when evaluating elements of crime charges, explicitly describe those rights of the victims which are violated and use this consideration in determining what penal sanction are to be given.
Veritas et Justitia, Volume 6, pp 127-149; doi:10.25123/vej.3447
Quality of legislation, undoubtedly, is influenced by the preliminary legal research conducted. But there is more, as a number of members of the Organization for Economic Co-operation and Development (OECD) in this context also utilizes impact assessment studies to guarantee good legislations. The question discussed here is to whether impact assessment study should also be used by the Indonesian parliament. By looking at countries which already implement this approach, it is found that such impact assessment study can only be performed if experts are readily available. In any case, the author recommends that the government adopt this approach in the making of statutes.
Veritas et Justitia, Volume 6, pp 94-126; doi:10.25123/vej.3501
The Law no 11 of 2008 contains a penal rule against spreading hatred by the means of the internet (or digital social media). The enforcement of this penal sanction, due to its vagueness on the meaning of the term hate and spread of hate, consequently result in a public debate on how it impacts on people’s right of free expression. Apparently this vagueness opens up the possibility to limit even suppress freedom of expression. Using a juridical normative approach, this article discusses the leitmotiv of the above penal sanction. The author suggests that the express purpose of this article is to secure the unity and integrity of a pluralistic society.
Veritas et Justitia, Volume 6, pp 172-212; doi:10.25123/vej.3514
This article discusses the problems encountered in the preliminary court proceeding of gross human right violation cases in Indonesia. Identified are two state institutions, i.e. the National Human Right Commission and the Attorney General, who possess the authority to initiate investigation and subsequent successful prosecution of gross human right violation cases. Good cooperation and relation between these two agencies is therefore a must. This article looks into the problems encountered by these two institutions in doing the preliminary process and discusses possible redistribution of these two state agency authorities. To do this a doctrinal approach will be used.
Veritas et Justitia, Volume 6, pp 237-250; doi:10.25123/vej.3883
The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level. This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed. On the other hand, these changes may violate a number of procedural civil law principles. The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings.
Veritas et Justitia, Volume 6, pp 213-236; doi:10.25123/vej.3882
In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority. This article discusses this authority to cease of terminate criminal prosecution in the name of public interest. To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands. A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.
Veritas et Justitia, Volume 6, pp 68-93; doi:10.25123/vej.3885
Using a comparative law method, this article compares how Indonesian and Australia law on franchise regulates specifically the matter of franchise offering circular. Hopefully this comparison shall not only indicate similarities or differences in both countries approach but more than that reveals what can be learned from the Australian approach to franchise offering circular.
Veritas et Justitia, Volume 6, pp 150-171; doi:10.25123/vej.3884
The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re. Money laundering. Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering. Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.
Veritas et Justitia, Volume 6, pp 49-67; doi:10.25123/vej.3425
In the civil servant management system, developed on the basis of merit system, any official can be at any time be transferred, promoted or demoted. In practice this option may and have often been misused as tool in office politics to remove troublesome civil servant. From the civil servant’s perspective, the options open are either comply or decline the standing order and face the consequence of disciplinary sanction. This article shall discuss, using a legal/juridical normative method, legal aspects of this management tool. The aim is to propose a guidance for civil servants on how to deal with orders of transfer or motion/demotion.
Veritas et Justitia, Volume 6, pp 1-22; doi:10.25123/vej.3364
In 2018, the Indonesian government issued Presidential Instruction No. 8 of 2018 re. suspension and evaluation of palm oil plantation permits and boosting of its productivity (Moratorium policy). This article is written as a critique, using a legal-dogmatic approach, directed towards this policy. It is noted that there exists uncertainty about which license, from the web of existing and relevant permits-licenses, are going to be suspended and evaluated. This legal uncertainty in the final analysis hampers the effort to make Indonesia prosperous as aspired by the 1945 Constitution (Art. 33).