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Veritas et Justitia
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This is an Open Access Journal

Open Access journal
ISSN (Print) 2460-0555 - ISSN (Online) 2460-4488
Published by Universitas Katolik Parahyangan

[4 journals]

THE INDIVIDUAL AND THE PROPERTY IN VIRTUAL WORLDS
- Authors: Stefan Koos
  Pages: 267 - 286
  Abstract: Virtual reality and augmented reality have the potential to change the economy and society as much as the internet once did. In AR, virtual objects mix with real environments and objects. In virtual reality environments, people will move around using avatars and using virtual objects and individualise their virtual spaces with virtual artworks. However, the integration of humans into virtual and semi-virtual environments also leads to an intensification of problems connected with the relationship of the individual to technology and powerful platforms. The person integrated into virtual worlds will be under far closer observation and influence by platform operators than today's internet user. This must have consequences for the legal protection of personality. In addition, questions arise about the extension of personality rights to the virtual existence of the individual and to the question of the legal protection of objects used by the individual in his or her virtual environment. The article discusses some aspects from the perspective of the German law.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.5627
  Issue No: Vol. 8, No. 2 (2022)
PENGARUH DEKRIT PRESIDEN TERHADAP DEMOKRATISASI DI INDONESIA
- Authors: Sapto Hermawan, Muhammad Rizal
  Pages: 287 - 314
  Abstract: Presidential Decree (pronouncement) is made in respons to state emergency. The issue discussed here refers to the question who, when and how state emergency occurs justifying the issuance of such pronouncement. A different issue in Indonesia is the impact such pronouncement has on democracy, considering that the decree itself it made, arguably, to save democracy in the first place. This has been experienced by Indonesia when the President issued such decree in the past. In addition, using comparative method, the author looks at the use and experience of other countries and how such approach impact democracy.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.5268
  Issue No: Vol. 8, No. 2 (2022)
TIGA FASE NISBAH HUKUM GEREJA DENGAN HUKUM SIPIL
- Authors: Andang Binawan
  Pages: 315 - 337
  Abstract: This paper discusses the changing relationship between canonic law and state (civil) law in history. In general, we can discern three stages: domination, confrontation-conflic and lastly harmony. The stages are marked by theories or principles describing or justifying the current situation. Pope Gelasius, for instance, forward the double sword principle. With the advent of nation-states and emerging scientific approach to reality, we enter the confrontation stage between Church Law and positive secular laws made by nations states. The third stage is marked by the 2nd Vatican Council, putting forward two important principles, i.e., salus animarum suprema lex and salus populi suprema lex, determining the relationship between Church law and secular laws.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.5498
  Issue No: Vol. 8, No. 2 (2022)
AKIBAT HUKUM AKUISISI PERUSAHAAN TERHADAP LISENSI MEREK
- Authors: sudjana sudjana
  Pages: 338 - 361
  Abstract: This study aims to obtain information regarding the legal consequences in the event of an Acquisition of ownership of rights to a Mark and to determine the legal protection of the Brand Licensee against cancellation by the Acquirer. The type of legal research used is normative using qualitative analysis techniques. The results of the study show that the company's acquisition does not have a legal effect on the transfer of ownership of the rights to the Mark because the meaning of the Acquisition contained in the Company Law is the Acquisition of Shares, so that the Acquired party remains the owner of the rights to the Mark. Whereas in Asset Acquisition if the Acquired company transfers the Assets including ownership of the rights to the Mark to the Acquirer, there will be a change in the parties in the Mark Licensing agreement, resulting in legal consequences for the fulfillment of achievements or royalty payments. In the event of the cancellation of the Mark License Agreement by the Acquirer, the Mark Licensee shall receive protection under the Law of the Agreement by filing a breach of contract according to Article 1243 of the Civil Code because Law of Mark and geographical indication only protects the Licensee against the deletion of the registered mark but the Licensee must agree in writing unless agreed otherwise.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.5523
  Issue No: Vol. 8, No. 2 (2022)
COLLATERAL DAMAGE: PERLINDUNGAN LINGKUNGAN PADA SAAT KONFLIK BERSENJATA
DALAM PERSPEKTIF DEEP ECOLOGY
- Authors: Gede Khrisna Kharismawan, I Made Budi Arsika
  Pages: 362 - 385
  Abstract: Humanitarian International law, applicable in situation of armed conflict, is prioritizing humen interest. Less attention is given to the urgent need to protect the environment, that is considering armed conflict tend and have caused havoc to the environment. Damage to the environment is habitualy considered c Using the deep ecology approach this article grapples with the issue of to what extent does the existing humanitarian law pay attention to the environment. Arguably, the present laws do not provide for optimal protection, the main issue here is the weakness in attributing responsibly for environmental destruction in situation of armed conflict.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.5171
  Issue No: Vol. 8, No. 2 (2022)
PENGATURAN PERLINDUNGAN DATA PRIBADI KONSUMEN JASA KEUANGAN DALAM
PENGGUNAAN UANG ELEKTRONIK BERBASIS SERVER
- Authors: Sukarelawati Permana
  Pages: 386 - 414
  Abstract: The digitalization of the economy in Indonesia in the Covid-19 pandemic situation has further encouraged banks and business actors to make innovations in order to reduce direct contact with consumers of financial services, one of which is the presence of server-based electronic money. Users who use these services are required to fill in their personal data first. With the provision of personal data belonging to consumers of financial services or users, the issuer of server-based electronic money has an obligation to protect users' personal data so that unauthorized dissemination or misuse of data does not occur. The widespread use of server-based electronic money in public activities makes provisions related to the protection of personal data important in order to protect users. However, it is necessary to examine whether the provisions on the protection of personal data of financial service consumers on server-based electronic money have met best practices. To answer these problems, research was conducted using normative juridical methods sourced from library materials. The results of the research obtained are the protection of personal data of consumers of financial services on server-based electronic money has been regulated in regulations that aim to protect users' personal data. The regulation has adopted the principles of personal data regulation as well as the General Data Protection Regulation (GDPR) and the existing laws and regulations in Indonesia. These regulations play a role in protecting the rights of users regarding their personal data such as the right to assimilate or withdraw the consent that has been given previously.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.5213
  Issue No: Vol. 8, No. 2 (2022)
KRITERIA KRIMINALISASI: ANALISIS PEMIKIRAN MOELJATNO, SUDARTO, THEO DE
ROOS, DAN IRIS HAENEN
- Authors: Dion Valerian
  Pages: 415 - 443
  Abstract: In criminal law, “criminalization” is defined as a process of determining certain conduct as a criminal offense through legislation. This doctrinal legal research article describes and analyzes the criteria for criminalization as promulgated by Moeljatno, Sudarto, Theo de Roos, and Iris Haenen. Moeljatno’s criteria are: 1) the conduct is harmful to the public, 2) criminalization is the primary means to deter the harmful conduct, and 3) the government’s ability to effectively enforce the criminal provision. Sudarto promulgates three criteria: 1) harmfulness of the conduct, 2) cost and benefit analysis, and 3) law enforcement burden. Furthermore, Theo de Roos’ six criteria are: 1) feasibility and motivation of harm, 2) tolerance, 3) subsidiarity, 4) proportionality, 5) legality, and 6) practical applicability and effectiveness. Lastly, based on de Roos’ typology Iris Haenen formulates three criteria: 1) primary criteria, which contains “threshold principles”: the conduct must be a) harmful and b) wrongful, 2) secondary criteria, which contains “moderating principles”: proportionality, subsidiarity, and effectiveness, and 3) legality criterion (lex certa). The criteria for criminalization can be employed by the legislators and general public in scrutinizing the feasibility of criminalization of a conduct, to ensure that only the conducts which meet all the criteria that can be criminalized. Only by doing so will the practice of criminalization adhere to the ultimum remedium principle and deter unnecessary criminalization and overcriminalization.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.4923
  Issue No: Vol. 8, No. 2 (2022)
AKIBAT HUKUM DAN KEKABURAN NORMA DALAM PENGATURAN UNDANG-UNDANG TENTANG
TANGGUNG JAWAB SOSIAL PERSEROAN TERBATAS
- Authors: Dhaniswara K. Harjono
  Pages: 444 - 460
  Abstract: Limited Liability Companies in Indonesia, under the applicable law (Law 40/2007 and PP 47/2021), are under the obligation to realize its corporate social responsibility. The idea of CSR is to force the company to make it presence felt beneficially by the local community and wider society. Unfortunately, not all companies are willing and able to meet its corporate social responsibility, or even if they chose to do so, proportionality is disregard. This paper, using Rudolph von Jhering's point of view, explores and identifies what legal or non-legal factors hinders the implementation of CSR.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.5742
  Issue No: Vol. 8, No. 2 (2022)
PERLINDUNGAN KONSUMEN PANGAN REKAYASA GENETIKA: RASIONALITAS DAN PROSPEK
- Authors: A'an Efendi, Dyah Ochtorina Susanti, Nuzulia Kumala Sari
  Pages: 461 - 492
  Abstract: As a general observation we can say that there exists imbalance of power between producers and consumers of genetically engineered food. This paper, using a doctrinal legal approach, examines three issues: 1) the rationality of protecting consumers of genetically engineered food, 2) the rights of consumers of genetically engineered food, and 3) the effectiveness of consumer protection for genetically engineered food. Arguably, the same situation exists between producers and consumers of genetically engineered food. Disparities and power imbalance relating to knowledge, capital – or simply power – determines the answer to those questions above.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.5401
  Issue No: Vol. 8, No. 2 (2022)
RE-EVALUASI PENDIRIAN BANK DIGITAL DI INDONESIA: PARADIGMA, KONSEP DAN
REGULASI
- Authors: Reka Dewantara, Hany Ayunda Mernisi Sitorus
  Pages: 493 - 513
  Abstract: The Financial Services Authority, anticipating the movement towards digital (bank 5.0), issued Regulation no. 12/POJK.03/2021 concerning Commercial Banks. However, its coverage is limited. It covers only rules on how to establish and manage digital branches of existing banks. Not yet available are special arrangements for the establishment of digital commercial banks or neo-banks. This paper discusses the possibility of establishing digital banks in Indonesia. By perusing the prevailing laws and regulations, and re-evaluate what exist, the author reached the conclusion that the Bank Law should be changed to accommodate this new trend. The prevailing OJK regulation apparently does not suffice as the legal basis for the establishment and operation of digital system of the Bank-Ied model, the Telco-Ied Model or the Hybrid Model, or neo-bank. In addition, adequate arrangements are needed regarding online dispute resolution, and imposition of sanctions.
  PubDate: 2022-12-26
  DOI: 10.25123/vej.v8i2.5433
  Issue No: Vol. 8, No. 2 (2022)