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Articles 31 - 60 of 6959
Full-Text Articles in Law
Masthead, Cleveland State Law Review
Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira
Cleveland State Law Review
Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against fundamental …
The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci
The "P" Word: Ohio Should Adopt The Uniform Premarital Agreements Act To Achieve Consistency And Uniformity In The Treatment Of Prenuptial Agreements, Jenna Christine Colucci
Cleveland State Law Review
Throughout the United States, courts have used inconsistent standards for the interpretation of prenuptial agreements. Under Ohio jurisprudence, courts are concerned with protecting the vulnerable spouse or the economically disadvantaged party. This legal standard acknowledges the unique relationship of the parties to the contract and will generally review the procedural and substantive components of the prenuptial agreement. Conversely, other courts are weary of interfering with the contractual freedom of the parties and will only invalidate a prenuptial agreement upon a showing of fraud, duress, or misrepresentation. The Uniform Premarital Agreement Act was drafted in 1983 to address the inconsistent treatment …
Dualism Of Judicial Review In Indonesia: Problems And Solutions, Hamid A. Chalid
Dualism Of Judicial Review In Indonesia: Problems And Solutions, Hamid A. Chalid
Indonesia Law Review
Through the momentum of the third amendment of the 1945 Constitution of the Republic of Indonesia which was passed in 2001, Indonesia has officially adopted a dualistic judicial review system. Under such system, the authority to conduct judicial review is divided/spread to the two judicial organs, each with its own scope of review; namely, the Supreme Court/Mahkamah Agung reviews regulations below the level of Law (Undangundang), while the Constitutional Court/Mahkamah Konstitusi reviews the same against the Constitution (constitutional review). Seen from the theoretical and practical perspective adhered to by states which adopt the formation of the Constitutional Court (centered judicial …
Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe
Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe
Indonesia Law Review
In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’ (Jakarta Post, 10 May 2015). However, with up to 50 political prisoners still incarcerated in prisons around Indonesia (mostly Papuan and Moluccan separatists), Jokowi’s selective release policy faces several legal and political obstacles. This article outlines the various options open to …
Competition Merger Review For Cross-Border Mergers And Acquisitions In Indonesia, Zulheri Zulheri
Competition Merger Review For Cross-Border Mergers And Acquisitions In Indonesia, Zulheri Zulheri
Indonesia Law Review
This article aimed at expressing ideas on a legal construction of competition merger review (CMR) on Crossborder Mergers and Acquisitions (CBM&A) that have Indonesian legal dimension. The problem has been triggered by the lack of CMR guidelines for CBM&A to nurture a fair and sustainable business competition (FSBC). Consequently, the existing guideline is inadequate for reviewing CBM&A proposals which have a multi-jurisdiction dimension character. As a result, merging (gigantic) companies doing business in Indonesia have enormous opportunities to engage in anti-competitive behavior in the domestic market. In its turn, it brings the impact of reducing competition itself whereby national companies …
Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi
Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi
Indonesia Law Review
Indonesia and ASEAN Plus Three Financial Cooperation is a very well-written book by Eko Saputro. The ASEAN Plus Three Financial Cooperation was established to maintain and strengthen the common objective of its member, particularly in the economic area.1 This book analyzes Indonesia’s current position in East Asia, in the connection with the ASEAN Plus Three Financial Cooperation. Divided into 7 chapters, the book provides an analysis of Indonesia’s role APT financial regionalism with more emphasize on the financial sector instead of education.
Copyright Statement, Cleveland State Law Review
Copyright Statement, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber
Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber
Cleveland State Law Review
Discipline is often called “the soul of an army.” If this is so, the United States military seems to be experiencing a spiritual crisis. Article 134 of the Uniform Code of Military Justice (UCMJ) allows commanders to punish acts prejudicial to “good order and discipline,” but the reach of this provision has been increasingly limited in recent years. Appellate courts have repeatedly overturned convictions of conduct charged as prejudicial to good order and discipline, and in recent years, the military’s high court has issued a series of decisions limiting the reach of the UCMJ’s “general article.” Congress has also recently …
Indonesia's Energy Security: Are We Securing It Right? Lesson Learned From The Eu, Afghania Dwiesta
Indonesia's Energy Security: Are We Securing It Right? Lesson Learned From The Eu, Afghania Dwiesta
Indonesia Law Review
Over the past few years, one of Indonesia’s state-owned enterprises, PLN, has conducted dialogues focusing on developing a new value-creative business model to transform itself, a sleepy regulated utility, into a truly competitive electricity service provider. However, efforts to preserve the prominence of the Country’s electricity sector have been ongoing as the sector is still experiencing sustained rolling blackouts, net import dependency and lack of transmission facility enforcement throughout the Indonesian archipelago. Such efforts have been varied from the incentivise policy and programs such as the Public-Private Partnership and the two phases of Fast Track Program. The reformation of electricity …
Asylum Seekers In A Non-Immigrant State And The Absence Of Regional Asylum Seekers Mechanism: A Case Study Of Rohingya Asylum Seekers In Aceh-Indonesia And Asean Response, Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana
Asylum Seekers In A Non-Immigrant State And The Absence Of Regional Asylum Seekers Mechanism: A Case Study Of Rohingya Asylum Seekers In Aceh-Indonesia And Asean Response, Bilal Dewansyah, Wicaksana Dramanda, Imam Mulyana
Indonesia Law Review
The problem of asylum seekers has become a global humanitarian issue. Demands regarding the handling mechanisms based on the values of human rights is getting stronger voiced by the international community. In the Southeast Asian region, the number of ethnic Rohingya asylum seekers has increased and has started to demand settlement in non-immigrant countries like Indonesia. Although Indonesia does not have international obligations in handling asylum seekers, constitutionally, Indonesia has an obligation to guarantee the right of everyone to obtain asylum which has been included in the Constitution. In a global perspective, humanitarian issues in the handling of asylum seekers …
The Dutch Penal Code Under Review, Jeroen Martijn Ten Voorde
The Dutch Penal Code Under Review, Jeroen Martijn Ten Voorde
Indonesia Law Review
The Dutch Penal Code entered into force on September 1, 1886. Since then many parts of the Dutch Penal Code have been discussed. This article does not intend to provide an integral systematic overview of the Dutch Penal Code and the many changes it has been subjected to, but examines (in the first part of this article) it generally, with the aim of showing various arguments for a more thorough review of the Dutch Penal Code. Recognizing the need for revision of the Penal Code, the question arises as to what is meant by a revision. More clarity on what …
A Proposal For Fda Label Regulations And Uniform Certifications For Organic Non-Food And "Natural" Products, Allyson Bartolomeo
A Proposal For Fda Label Regulations And Uniform Certifications For Organic Non-Food And "Natural" Products, Allyson Bartolomeo
Barry Law Review
No abstract provided.
Fungsi Representasi Dewan Perwakilan Daerah Republik Imdonesia Sebagai Lembaga Perwakilan Daerah, Ryan Muthiara Wasti
Fungsi Representasi Dewan Perwakilan Daerah Republik Imdonesia Sebagai Lembaga Perwakilan Daerah, Ryan Muthiara Wasti
Jurnal Hukum & Pembangunan
In the composition of the Indonesian constitution, DPD becomes a representative institution that has the duty to accommodate regional interests in political decisions. Its very important existence was not accompanied by the spirit of strict regulation in the legislation in Indonesia. This can be seen from the position and function of DPD which is weaker than the DPR. Law Number 17 of 2014 on the Composition, Status and Functions of the MPR, DPR, DPD and DPRD, which are the latest changes to the previous Susduk law, have not been able to address the need for more significant arrangements on the …
Peran Perguruan Tinggi Dalam Menumbuhkan Budaya Anti Korupsi Di Indonesia, Putra Perdana Ahmad Saifulloh
Peran Perguruan Tinggi Dalam Menumbuhkan Budaya Anti Korupsi Di Indonesia, Putra Perdana Ahmad Saifulloh
Jurnal Hukum & Pembangunan
Post – reform, anti – corruption agenda into a central theme of law enforcement in Indonesia. Corruption is crime that has personality and characteristic as an extraordinary crime. To eradicate corruption, Parliament and Government have made regulation of legislation and formed corruption eradication institution. The institution that is still trusted by public for doing corruption eradication is Corruption Eradication Commission (KPK). KPK formed because the corruption eradication is done by police and prosecutor have not optimal. The effort which has been done by KPK, Prosecutor and Police is action effort that requires a big budget. Corruption eradication will never succeed …
Tinjauan Atas Kebijakan Hukum Pidana Terhadap Penyuapan Di Sektor Privat Dalam Hukum Nasional Indonesia: Suatu Perbandingan Dengan Singapura, Malaysia Dan Korea Selatan, Vidya Prahassacitta
Tinjauan Atas Kebijakan Hukum Pidana Terhadap Penyuapan Di Sektor Privat Dalam Hukum Nasional Indonesia: Suatu Perbandingan Dengan Singapura, Malaysia Dan Korea Selatan, Vidya Prahassacitta
Jurnal Hukum & Pembangunan
Purpose of this research is to analyze private sector bribery penal policy in Indonesia. Although Indonesia ratified United Nation Convention Against Corruption, Indonesia has not implemented the convection’s provision of article 21 regarding the criminalization of private sector bribery. Analysis conducted using a functional method of comparative law from Konrad Zweigert and macro comparison against private sector bribery penal, which successfully applies in Singapore, Malaysia, and South Korea. Therefore, reflected from private sector bribery penal policy in Singapore, Malaysia, and South Korea thus Indonesia shall reformulate the private sector bribery provision which regulates in in current corruption act draft.
Bentuk-Bentuk Kekerasan Domestik Dan Permasalahannya (Studi Perbandingan Hukum Indonesia Dan Malaysia), Kuswardani -
Bentuk-Bentuk Kekerasan Domestik Dan Permasalahannya (Studi Perbandingan Hukum Indonesia Dan Malaysia), Kuswardani -
Jurnal Hukum & Pembangunan
The paper is purposed to describe / explain criminal laws which regulate domestic violence and the problems happen in Indonesia. This study uses the comparison method which compare substance criminal law of Indonesia with criminal law of Malaysia. The study is focused in the subject matter from criminal law of substantive. The result point out that both of the two countries have had criminal law on domestic violence, Indonesia is regulated at The Act of Elimination of Domestic Violence No 23 of 2004, while Malaysia is appointed at Domestic Violence 1994, and this was amendment on February 20, 2012. This …
Membangun Transparansi Pengadaan Barang Dan Jasa Melalui Peningkatan Peran Ict Dalam Mereduksi Korupsi, Sabrina Dyah Nayabarani
Membangun Transparansi Pengadaan Barang Dan Jasa Melalui Peningkatan Peran Ict Dalam Mereduksi Korupsi, Sabrina Dyah Nayabarani
Jurnal Hukum & Pembangunan
Corruption in goods and services procurement is one of the most frequent corruption in Indonesia. So, this article discuss about the role of information communication and technology (ICT) and its mechanism for improving transparency as an effort to prevent corruption. This study apply descriptive method, literature review, and analysis the research which have been done by preceding researcher. This article conclude that ICT is statistically significant for reducing corruption, but the implementation of that system should be needed further evaluation. There are some important things which need more evaluation, such as: sufficiency of skilled worker for operating e-procurement, user support, …
Kedudukan Dan Kewenangan Komisi Yudisial Republik Indonesia Dan Perbandingannya Dengan Komisi Yudisial Di Beberapa Negara Eropa, Suparto -
Jurnal Hukum & Pembangunan
Reformation has given birth to the amendment on 1945 Constitution. One of the results of the third amendment of the constitution was the birth of Judicial Commission. The standing of Judicial Commission is very important, so structurally it is being positioned at the same level with the Supreme Court and the Constitutional Court. Yet, the Judicial Commission role is as an auxiliary body to the judicial power institutions. It only deals with the matters of honor, dignity, and behavior of the judges, not the judiciary institutions. Aside from that, Judicial Commission is not involved in the organization, human resources, administration, …
Cultural Competency In A Post-Model Rule 8.4(G) World, Latonia Haney Keith
Cultural Competency In A Post-Model Rule 8.4(G) World, Latonia Haney Keith
Duke Journal of Gender Law & Policy
No abstract provided.
Advancing Faculty Diversitythrough Self-Directed Mentoring, Yvonne M. Dutton, Margaret Ryznar, Lea Shaver
Advancing Faculty Diversitythrough Self-Directed Mentoring, Yvonne M. Dutton, Margaret Ryznar, Lea Shaver
Duke Journal of Gender Law & Policy
Mentoring is widely acknowledged to be important in career success, yet may be lacking for female and minority law professors, contributing to disparities in retention and promotion of diverse faculty. This Article presents the results of a unique diversity mentoring program conducted at one law school. Mentoring is often thought of as something directed by the mentor on behalf of the protégé. Our framework inverts that model, empowering diverse faculty members to proactively cultivate their own networks of research mentors. The studied intervention consisted of modest programming on mentorship, along with supplemental travel funds to focus specifically on travel for …
A Call To Arms: The Department Of Defense’S Egg Freezing Benefit Summons Increased Reporting Regulations, Gloria Y. Liu
A Call To Arms: The Department Of Defense’S Egg Freezing Benefit Summons Increased Reporting Regulations, Gloria Y. Liu
Duke Journal of Gender Law & Policy
No abstract provided.
Undue Sacrifice: How Female Sexual Assault Victims Fight The Military While Fighting In The Military, Russell Spivak
Undue Sacrifice: How Female Sexual Assault Victims Fight The Military While Fighting In The Military, Russell Spivak
Duke Journal of Gender Law & Policy
Over the last century, women have fought for the right to serve their nation in the exact same way men have: in uniform. Women have indeed made enormous strides toward serving in equal measure to their male counterparts. But women are still too often perceived and treated as second-class citizens, inhibiting a genuine realization of their equality in the armed forces. This is exhibited, if not reinforced, by the prevalence of women’s sexual assault while serving their country and the insufficient prosecution thereof. By diagnosing and remedying the insufficiencies in the military justice system’s legal regime governing the prosecution of …
The Fbi’S Fitness Tests And Title Vii—Does Gender Equality Require Lowering Standards?, Dylan Tucker
The Fbi’S Fitness Tests And Title Vii—Does Gender Equality Require Lowering Standards?, Dylan Tucker
Duke Journal of Gender Law & Policy
No abstract provided.
The Historical-Philosophical Heritage And The Methodological Problems Of The Histoy Of Science, G. Nosirhodjaeva
The Historical-Philosophical Heritage And The Methodological Problems Of The Histoy Of Science, G. Nosirhodjaeva
Review of law sciences
the article is devoted to the research of the historical-philosophical works of Beruni coming out as one of the important components of the rich and polyhedral heritage of Abu Raikhan Beruni and his contribution to studying history of philosophy of peoples in many regions including the Central Asia as well.
A New Stage In Reforming Of The Legal Personnel, F. Muhitdinova
A New Stage In Reforming Of The Legal Personnel, F. Muhitdinova
Review of law sciences
The article is devoted to the issues of reforming the legal education of the Republic of Uzbekistan. The article analyzes the reasons for the increased interest in the reforms of legal education. The foreign experience and modern trends in the teaching of legal disciplines in the preparation of qualification lawyers are investigated. A set of measures to modernize the system of training legal personnel is formulated, the basic element of which should be the modernization of consciousness. The urgency of the strategy of actions in the field of judicial and legal reforms is analyzed.
Legal Protection Of Environment In Argiculture Is The Key To Progress, E. Shermatov
Legal Protection Of Environment In Argiculture Is The Key To Progress, E. Shermatov
Review of law sciences
the article considerates questions to improve national legislation in the sphere of agriculture and analyzes legislation about the protection of environment in the sphere of agriculture during the independence years. The offers about tasks of the monitoring in the sphere of environment situation and legal protection of environment in the sphere of agriculture are given.
Judge Is A Symbol Of Perfection (Justice And Responsibility), A. Xamraev
Judge Is A Symbol Of Perfection (Justice And Responsibility), A. Xamraev
Review of law sciences
In this article the questions related with the independence of judicial system, the problems of realization of the principles of legality and morality in judiciary are analyzed. Performance of all variety of tasks by courts it is possible only in conditions when judicial authority really has autonomy and independence. Judicial authority has to become the stabilizing force in the state, capable to protect the rights and freedoms of citizens, and a society – from the social conflicts.
Guarantees Of Human Rights In The Constution Of Uzbekistan, N. Bekmirzayev
Guarantees Of Human Rights In The Constution Of Uzbekistan, N. Bekmirzayev
Review of law sciences
this article fully analyzed the classification of human rights are divided into individual, civil, political, economic and social rights, safeguards mechanisms in the Constitution and laws of the Republic of Uzbekistan, as well as their compliance and protection through national mechanisms.