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Articles 1 - 30 of 89
Full-Text Articles in Civil Law
Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang
Washington Law Review
Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps
UNH Sports Law Review
No abstract provided.
Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool
Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool
UNH Sports Law Review
No abstract provided.
Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin
Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin
UNH Sports Law Review
No abstract provided.
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein
UNH Sports Law Review
No abstract provided.
A Breakdown Of Where Nil Currently Stands, Justin Cavegn
A Breakdown Of Where Nil Currently Stands, Justin Cavegn
UNH Sports Law Review
No abstract provided.
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
DePaul Business & Commercial Law Journal
No abstract provided.
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom
DePaul Business & Commercial Law Journal
No abstract provided.
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker
DePaul Business & Commercial Law Journal
No abstract provided.
Welcome Address, Lauren Mckenzie
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
Efektivitas Pelaksanaan Pemberian Pendidikan Formal Bagi Anak-Anak Pengungsi Luar Negeri Di Kota Batam, Rina Shahriyani Shahrullah, Heru Susetyo, Lu Sudirman, Rendi Sahputra
Efektivitas Pelaksanaan Pemberian Pendidikan Formal Bagi Anak-Anak Pengungsi Luar Negeri Di Kota Batam, Rina Shahriyani Shahrullah, Heru Susetyo, Lu Sudirman, Rendi Sahputra
Jurnal Hukum & Pembangunan
The entire responsibility for all children in Indonesia lies with the government, and it extends to all children in Indonesia, not only those who are Indonesian nationals but also includes children who are refugees from foreign countries. One of the fundamental rights regulated by the laws and the Convention on the Rights of the Child ratified by Indonesia is the right to receive appropriate education (formal, non-formal, and informal education). This research aims to analyze the implementation of formal education fulfillment for refugee children in Batam City, especially those accommodated at Hotel Kolekta. Therefore, the research questions are as follows: …
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes
DePaul Business & Commercial Law Journal
No abstract provided.
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
DePaul Business & Commercial Law Journal
No abstract provided.
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong
DePaul Business & Commercial Law Journal
No abstract provided.
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina
Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Representative offices are present in Indonesia in order to meet the needs of global economic growth in all countries. Multinational companies expand their business to other countries through relocation policies. The aim is none other than an effort to reduce production costs through a number of comparative advantages possessed by Indonesia as well as seizing such a large market for these products, and through this way multinational companies benefit. The presence of representative offices in Indonesia is regulated by Presidential Decree Number 90 of 2000 concerning Representative Offices of Foreign Companies. Through the Presidential Decree, the government limits the scope …
Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun
Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Transfer Pricing refers to pricing transaction within and between enterprises situated in different countries and belong to the same multinational group. Cross-border transaction inevitably affects international taxation, especially when multinational enterprises encounter two or more countries that apply different tax collection systems. Consequently, a Tax Treaty (Perjanjian Penghindaran Pajak Berganda/P3B) is made to resolve issues involving double taxation. However, since the Tax Treaty’s benefits vary by country, the investors or companies tend to abuse the agreement in order to gain the most profitable benefits or incentives. Abusing the benefits of Tax Treaty (P3B) could be categorized as an act against …
Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura, Muhammad Salman Al Farisi
Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura, Muhammad Salman Al Farisi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Amendments to Law No. 4 of 2009 became Law No. 4 of 2009 withdrawing almost all local government authority into central authority. Leaving room for delegation of some of the authority of the Central Government to provincial regional governments for the issuance of IPR and SIPB, even district-city governments no longer have space for authority over coal mineral mining matters. the authority of provincial or district/city regional governments in mining affairs, is a concurrent matter which in its handling involves the central government and regional governments, withdraws most of the authority and does not involve regional governments, of course it …
Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual, Siti Sharhana Drajat
Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual, Siti Sharhana Drajat
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Sexual violence in Indonesia has caused a public’s worry. The bill on the elimination of sexual violence (RUU PKS) is considered very important to be passed. Purpose of this article is to analyze the suitability of the principles in the RUU PKS with Indonesian act of Formulation of Laws and Regulation Number 12 of 2011 (UU P3). The method used in writing this article uses the normative legal research. Results of this study are formal principles in the anti sexual violence bill is appropriate with the UU P3 except the principle of openness. Likewise with the material principles in the …
Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan, Siti Rahmah Sari Ramadhani
Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan, Siti Rahmah Sari Ramadhani
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Law Number 37 of 2004 (UUK-PKPU) is a refinement of the old bankruptcy regulation of Faillissementsverordening (Fv) and Law Number 4 of 1998 (UUK). Completion is done in order to meet the needs and solve problems that arise in connection with bankruptcy. However, despite the changes and improvements to the regulation, there are still problems that arise, especially in accelerating the timing of debt collection (acceleration). In the UKK and Fv acceleration is not regulated normatively. So the judge has the discretion to make the discovery of the law differently in each case. In UUK-PKPU acceleration found in the explanation …
Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang, Siti Fatimah Citra Nurislamiati
Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang, Siti Fatimah Citra Nurislamiati
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This paper discusses the application of pre-emptive rights over tax debt collection in bankruptcy disputes regulated in Article 41 paragraph (3) of Law Number 37 of 2004 concerning the Bankruptcy and Deferral of Debt Payment Obligations displayed by the Directorate General of Taxes. Tax debts outside the bankruptcy process for compulsory taxes are being filed for bankruptcy by requesting the Commercial Court to return all tax liabilities that would harm the interests of the country. In the event that a taxpayer has been declared bankrupt, the Directorate General of Taxes still has the right to overtake and is privileged, requesting …
Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia, Siti Aminah
Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia, Siti Aminah
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The purpose of this paper is to find out and analyze the position of Indirect evidence used by KPPU in the completion of cartel practices in Indonesia and to analyze indirect evidence in terms of systems of verification in Indonesia. The research method used in this writing is a method of legal research that is prescriptive. The position of Indirect Evidence or evidence in the process of evidence can be accepted as evidence in proof of a cartel case and is evidence that must support the occurrence of alleged cartel practices in terms of price fixing and this indirect evidence …
Tinjauan Resi Gudang Sebagai Lembaga Jaminan, Savitri Islamiana Putri
Tinjauan Resi Gudang Sebagai Lembaga Jaminan, Savitri Islamiana Putri
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Warehouse Receipt System is expected as a solution to overcome the fall in commodity Warehouse Receipt System is expected as a solution to overcome the fall in commodity prices at harvest by storing farmers' harvests in the warehouse. The building manager will issue a Warehouse Receipt as proof of ownership of the goods stored as collateral for the debt that can be transferred by the inventory collateral. Therefore, the government Act No. 9 of 2011 concerning Amendment to Law No. 9 of 2006 concerning the Warehouse Receipt System (SRG Law). This research seeks to answer can the warehouse receipt provisions …
Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X), Salsabila Putrianda
Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X), Salsabila Putrianda
"Dharmasisya” Jurnal Program Magister Hukum FHUI
With the present development of technology and the internet, everything has been made easier. One sector that is affected by the development of information and communication technology is Banking, an economic sub-sector that mobilizes public funds. Behind the convenience obtained from the use of Internet Banking, there are also risks that can be used in the use of this service, among others, many violations of law regarding personal data via the Internet and also regarding financial risks suffered by bank customers in the use of Internet Banking The IT criminals cause the Banking industry to be able to prepare security …
Dampak Ketiadaan Perda Penetapan Ukl/Upl Pada Kepastian Hukum Dalam Pelaksanaan Desentralisasi Di Bidang Lingkungan Hidup, Puteri Amirillis
Dampak Ketiadaan Perda Penetapan Ukl/Upl Pada Kepastian Hukum Dalam Pelaksanaan Desentralisasi Di Bidang Lingkungan Hidup, Puteri Amirillis
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The case of mangrove damage on the South Coast of West Sumatra in 2016-2017 where the defendant was a Deputy Regent who owned land in the Nagari Mandeh area, Pesisir Selatan, West Sumatra. The land was built without an environmental permit. The absence of an environmental permit has emerged because of the mangrove damage. This paper focuses on the absence of environmental permits because there is no stipulation on the types of businesses that are required to have UKL / UPL which should be stipulated by a regional regulation (Perda) by the Regional Government of the Pesisir Selatan Regency. This …
Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah, Prahesti Sekar Kumandhani
Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah, Prahesti Sekar Kumandhani
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Environmental law enforcement by regional governments in the context of regional autonomy is an important part of realizing quality environmental protection and management through the formation of regional legal policies. Regional legal policies regarding the protection and management of life-based on statutory regulations at the central level also influence the functioning of environmental law enforcement in the regions. This article aims to review the pattern of environmental law enforcement based on the Law on Environmental Protection and Management, the Regional Government Law, and the Job Creation Act, and discusses the relationship between the functioning of environmental law enforcement in the …
Disharmonis Penyelenggaraaan Sistem Jaminan Sosial Nasional Bagi Aparatur Sipil Negara Di Indonesia, Prima Anindya Kartika
Disharmonis Penyelenggaraaan Sistem Jaminan Sosial Nasional Bagi Aparatur Sipil Negara Di Indonesia, Prima Anindya Kartika
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Social security system is made to actualize prosperity, welfare, and justice to Indonesian society. When Law No. 24 Year 2011 published, the existence of social security system cause discrimination, especially for government employee, because the healthcare security is merged. Moreover, the other insurance is also going to be merged with other sector such as private sector, businessman or investor, even an unemployment. It is stated in Article 65 Law No. 24 Year 2011, that PT ASABRI and PT TASPEN (PERSERO) which is now manage the pensions and retirement benefits of military and civil servants the transfer the program of Insurance …