Civil Law Commons^™

Implikasi Ketatanegaraan Presidential Term Limit Menurut Pasal 7 Undang-Undang Dasar 1945 Sebelum Amendemen Terhadap Presidential Continuism Masa Orde Baru, Moch Chafid

"Dharmasisya” Jurnal Program Magister Hukum FHUI

President term limit should not be interpreted as only one measure and is merely legal-formalistic. This will have an administrative implication that every president in power will try to preserve his power (presidential continuism) by changing, avoiding, reinterpreting, amending the constitution or even removing the statute of limitations on the term of office of the president in Article 7 of the 1945 Constitution before the amendment. The form can influence the position and authority of the MPR as the highest institution of people's sovereignty, the general election system and the president, changes in the composition of the people's representatives in …

Deepfake Privacy: Attitudes And Regulation, Matthew B. Kugler, Carly Pace

Northwestern University Law Review

Using only a series of images of a person’s face and publicly available software, it is now possible to insert the person’s likeness into a video and show them saying or doing almost anything. This “deepfake” technology has permitted an explosion of political satire and, especially, fake pornography. Several states have already passed laws regulating deepfakes, and more are poised to do so. This Article presents three novel empirical studies that assess public attitudes toward this new technology. In our main study, a representative sample of the U.S. adult population perceived nonconsensually created pornographic deepfake videos as extremely harmful and …

Kebijakan Countercyclical Sebagai Upaya Kesejahteraan Masyarakat, Made Cinthya Puspita Shara

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The high level of economic growth in Indonesia is in line with the development of businesses that increase capital by making credit agreements with financial institutions. The state of the spread of the co-19 pandemic case has been declared a national disaster, impacting on the implementation of credit agreements between the debtor and financial institutions. Economic problems make it difficult for people to carry out their obligations. Countercyclical buffer policy is a buffer that is carried out by providing additional capital to replace losses if excessive credit growth occurs which has the potential to disrupt financial stability. Bank Indonesia Policy …

Soft Law Sebagai Sumber Hukum Kontrak Dalam Perdagangan Internasional, Junaiding Junaiding

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This research discusses the development of international commercial contract law which is influenced by soft law, and the influence as well as enforcement of the use of soft law in Indonesia, by using normative legal research methods. The discussion of soft law is devoted to three types of soft law, Incoterms, UCP, and ICC. Soft law becomes ready-made drafts for business actors. Business actors no longer need to describe in detail and negotiate every aspect related to the delivery of goods, payments and insurance. Soft law is not a law and is not binding, but indirectly the government has made …

Analisa Hukum Kedudukan Efek Syariah Yang Diterbitkan Emiten Sebagai Instrumen Hukum Pasar Modal Dalam Kontruksi Hukum Pasar Modal Indonesia, Irvon Septian

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In Act Number 8 of 1995 concerning the Capital Market regulates the activities related to the Public Offering and Securities trading, Public Company related to the Securities it publishes, as well as Securities-related institutions and professions. Issuers as public companies that issue securities not only move in the conventional capital market but also move on the syariah capital market. Sharia capital market is a capital market in which trade takes place in it, not in contradiction with sharia principles and trading principles in accordance with Islamic law. Differences in sharia capital market with conventional capital market can be seen in …

Embedah Parameter Berusaha Dalam Upaya Meningkatkan Kemudahan Berinvestasi Di Indonesia (Studi Komparasi Indonesia Dan Vietnam), Hilda Swandani Prastiti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Investment is an important component for a country to drive economic activities. Investments both from within and from abroad or Foreign Direct Investment, require a good investment climate and ease of doing business. Indonesia is one of the countries with abundant natural and human resources, but in fact it is not alway in positive connection with the increase of investment. Lack of investment means slow economic growth for a country. This paper intends to conduct a comparative study of the policies taken by the Government of Indonesia and the Government of Vietnam in an effort to improve the Investment …

Upaya Perlindungan Dan Keselamatan Kerja Pekerja Anak Di Jermal, Hamidah Siadari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Poorness is the main factor of children forced to work, this job is to meet the needs of live to his or her family. Indonesia has provided a rule of law for children who are forced to work, but on the condition that the work does not interfere with education, does not harm its health and safety. But the fact is that there are still employers who dare to hire children for reasons of lower paid wages, but not necessarily the jobs given to the child are lighter or sometimes even as heavy as adults. One type of work that …

Perlindungan Hukum Terhadap Virtual Model (Cad Files) Untuk 3d Printing Ditinjau Dari Perspektif Hak Cipta Dan Tentang Desain Industri, Gusti Karina Saraswati

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The existence of 3D Printing and CAD Files has great potential to conflict with the protection of intellectual property rights, especially copyright and industrial design. It is undeniable that in the future this technology will flourish in Indonesia. 3D Printing can change market ecosystem where people not selling product but selling virtual model (CAD Files). This ecosystem will have an impact on designer and companies, so they will try to protect their CAD Files from modification and copying by other parties. The legal problem of this research is to answer the question of the form of protection for CAD Files …

Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The COVID-19 pandemic has shifted the form of conducting music concerts from face-to-face concerts to online concerts through the live stream mechanism. Some practitioners opine that the implementation of live stream online concerts is considered to contain elements of temporary reproduction (ephemeral recording) and may be used for the purposes as regulated in Article 49 of Law No. 28 Year 2014 on Copyright. This paper examines whether the use of copyrighted songs in live streams music concerts can be categorized as ephemeral recording. This research will be carried out using socio-legal studies methods as an interdisciplinary studies with the help …

Transplantasi Hukum Prinsip National Treatment Dalam Uu Penanaman Modal Indonesia, Desky Setiawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Foreign investment is one of the important elements of development for developing countries. Indonesia as a developing country needs to make efforts to pull foreign investment into the country. One of the efforts is by transplanting international legal principles aimed at foreign investor protection, such as National Treatment Principle which gives protection to the foreign shareholder by providing the same treatment to the foreign investor and domestic investor, therefore, creating a level playing field for business in the country for foreign and domestic investors alike. The legal transplant of international legal principles must also consider the existing legal rules and …

Perlindungan Terhadap Pihak Ketiga Yang Beritikad Baik Dalam Proses Jual Beli Tanah (Ditinjau Dari Putusan Pengadilan Negeri Denpasar Nomor 800/Pdt.G/2013/Pn.Dps Dan Putusan Pengadilan Negeri Palembang Nomor 3/Pid.Sus-Tpk/2014/Pn.Plg), Daniel Alexander Siregar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Of the many cases of land emerging in Indonesia often collide with many aspects of application, namely the clash between national law/positive law and the original law/customary law on the local community, or clash with multiple ownership of a land object. To examine this issue, it is of course worth a further review of why this can happen, and need to reflect on whether what makes this phenomenon appear to be so difficult to find a definite solution. Then it can not be denied again the rise of land brokering practices that make Indonesia increasingly becoming a very difficult country …

Kasus Ds-477 Dan Ds-478 Indonesia-New Zealand-America Importation Of Horticultural Products, Animals And Animal Product Dikaitkan Dengan Prinsip Penghapusan Hambatan Kuantitatif, Bella Oktaviani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Free trade is the most important thing in the life of the international community at this time, with that the WTO was established to harmonize free trade between fellow member countries and minimize any free trade disputes with WTO member countries. Even so, the WTO does not deny the disputes that often occur between member countries, for example in case of importations of horticultural products, animals and animal products between Indonesia and New Zealand and the USA related to Indonesian regulation which are considered by the plaintiff as a form of restrictions in international trade. In the end, New Zealand …

Pengendalian Peredaran Produk Secara Mandiri Sebagai Instrumen Wajib Dalam Pelaksanaan Tanggung Jawab Sosial Korporasi Rokok: Sebuah Perspektif Sosio-Legal, Auditya Firza Saputra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The number of smokers and cigarette sales in Indonesia has been increasing every year. In parallel with that, the latent risk faced by society is increased. In the socio-cultural context, the cigarette industry has been transformed into a hegemony whose expansion is unstoppable. The circulation of cigarette products is still become an unresolvable problem. Such problem expands from merely legal issues to the ethical dimension. The corporate social responsibility carried out by the corporation tends to be in favor of promotional motive, or creating false public reputation, which makes its implementation often deviate from its philosophy. Inevitably, the smoking phenomenon …

Urgensi Pengaturan Private Enforcement Dalam Konteks Persaingan Usaha Di Indonesia, Andi Nugroho

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Business competition is one of the important factors in stimulating economic development in a country. As for business competition, it can encourage business actors to compete in conducting business innovations in order to get loyal consumers so that maximum profits can be achieved. One of the mechanisms for enforcing business competition law in Indonesia is the private enforcement method. In general, in Indonesia, law enforcement using the private enforcement method in orderly business competition has not been explicitly regulated in Law no. 5 of 1999. This can be seen from the compensation which is one of the elements of private …

Hukum Persaingan 4.0: Issue Bigdata, Artificial Intelligence Dan Blockchain Dalam Konteks Hukum Persaingan Usaha Di Era Industri Ekonomi Digital, Aldo Suhartono Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The purpose of the Antitrust Law which is regulated under Indonesian Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition, is to create market efficiency by preventing monopoly, both productive efficiency and allocative efficiency. Methods that can be used to identify anti-competitive practices are per-se-illegal and rule-of-reason. The era of the digital economy industry has changed the landscape of world economic activity, the presence of Arficial Intelligence, Big Data, and Blockchain, in certain dimensions can help us reach markets more efficiently, but in other dimensions, the presence of this technology makes the elements and characteristics …

Risiko Pemberi Kerja Atas Ketidakpatuhan Dalam Program Jaminan Sosial Ketenagakerjaan, Akmal Lageranna

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The constitution guarantees that all citizen receives social security protection from the state. The state implements this constitutional mandate through the provisions of the national social security legislation by establishing Badan Penyelenggara Jaminan Sosial (BPJS) or Social Security Administering Departement. BPJS Ketenagakerjaan which is one of the two BPJS established with the scope of implementing an employment social security program to protect workers. Protection of workers is employer responsibility and required to gradually register business entity and all the workers as participants in BPJS Ketenagakerjaan; and also provide complete and correct data of business entity and their employees and their …

Tinjauan Hukum Terhadap Adanya Utang Baru Yang Dimiliki Debitor Yang Timbul Setelah Dilakukan Homologasi Oleh Pengadilan Niaga Pada Penundaan Kewajiban Pembayaran Utang, Ahmad Firdaus Syahrul

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The second or repeated PKPU application is often underestimated even though the second PKPU can occur as long as it fulfills the provisions of the law. According to some people, if the homologated peace plan has been achieved, it cannot be resubmitted to PKPU with a different debt. The problem that exists is regarding the legal review of the existence of new debts owned by debtors that arise after homologation is carried out by the commercial court on the suspension of debt payment obligations. The research method is a normative juridical research, the typology of the research uses analytical descriptive. …

Perlindungan Hukum Konsumen Terhadap Masyarakat Penerima Beras Bantuan Sosial Terkait Penanganan Pandemi Covid-19, Agung Trisakti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In handling the spread of COVID-19, the Indonesian government provides social assistance to communities affected by COVID-19 through the Ministry of Social Affairs, one of which is by providing assistance in the form of staple food, namely rice which is distributed through one of the BUMNs in the food sector, namely Perum BULOG. In the implementation of the distribution of aid, it was found that there were reports related to rice that had been distributed in poor quality and was mixed with other materials which were feared to have an impact on the people who consumed the rice. The research …

The 5th Annual Stonewall Lecture: Featuring Keynote Speaker Taylor Brown, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This Article analyzes the past year of Supreme Court of Virginia opinions, revisions to the Virginia Code, and Rules of the Supreme Court of Virginia impacting civil procedure here in the Commonwealth. On top of those changes, dealing with the pandemic certainly was a trying time for practitioners, the judiciary, and all those involved in the administration of justice and the law. The author appreciates the sacrifices made by all those individuals and sympathizes with all who lost a loved one in this time.

The Article first addresses opinions of the Supreme Court of Virginia, then new legislation enacted during …

Endangered Claims, Brooke D. Coleman

William & Mary Law Review

Litigants—like organisms in an ecosystem—must evolve to survive our civil justice system. When procedural rules and doctrines that govern civil litigation change, litigants must respond. In some cases, litigants will adapt to the rules. In others, they will migrate to alternative fora to capitalize on the new environment’s rules. For those who cannot adapt or migrate, their claims will go extinct.

This Article chronicles the evolution story of federal civil litigation by examining how, in response to changing procedural rules and doctrines, parties and their claims adapt, migrate, or go extinct. It shows that throughout this evolution, claims by the …

The Novel Coronavirus Pandemic Between The Theories Of Emergency Conditions And Force Majeure And Its Impact On Contractual Obligations A Comparative Study In Islamic Jurisprudence, Prof. Hosni Mahmoud Abdel Samad

UAEU Law Journal

This study revolves around an old and renewed topic, which is: the new Corona epidemic between the two theories of emergency conditions and force majeure and its impact on contractual obligations, a study in comparison to Islamic jurisprudence. The study addressed this topic, through an introduction, three sections, and a conclusion. The introduction contained the introductory topic, the problematic of the topic, its importance, the reasons for writing it, the methodology used in writing it, and its pl

The first topic dealt with defining the vocabulary of the title (Corona epidemic, the theories of emergency conditions, force majeure - impact …

In-Kind Execution Of Contractual Obligations: Rule And Exceptions Under The Unidroit Principles And The French Civil Code, Dr. Yousef Mohammed Shandi

UAEU Law Journal

This research deals with the principle of in kind execution of contractual obligations and the exceptions thereto under the 2016 UNIDROIT Principles and the provisions of the French Civil Code created by decree of 10 February 2016, which amends the Law on Contracts and General Provisions and Proof of Obligations. Both the UNIDROIT Principles and the French civil law establish the principle of in kind execution; it applies to all types of contractual obligations. Nevertheless, the UNIDROIT Principles state five exceptions to this principle, namely: when performance is impossible in law or in fact; when performance is unreasonably burdensome or …

Judicial Applications Of The Rule “Lesson In Contracts Is For The Purposes And Meanings Not For The Words And Premises" In The Egyptian Civil Law And The Perspective Of The Uae Civil Transactions Law, Dr. Tahani Hamed Abu Taleb

UAEU Law Journal

In this research, I tried to verify how the Egyptian Civil Law deals with the rule “Lesson in Contracts is for the Purposes and Meanings not for the Words and Says" which explains the contradiction between wordings of the contract and the real intent of the contracting parties, because it affects the parties’ obligations. For that purpose, understanding the rule from its origin (The science of the general rules of the jurisprudence) understanding its applications and verifying how other legislations deals with it is a must.

Although the Egyptian civil law has not mentioned this case, I tried to find …

The Informed Consent Doctrine In Legal Malpractice Law, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

The doctrine of informed consent is now deeply embedded into the law of legal ethics. In legal malpractice litigation, the doctrine holds that a lawyer has a duty to disclose to a client material information about the risks and alternatives associated with a course of action. A lawyer who fails to make such required disclosures and fails to obtain informed consent is negligent, regardless of whether the lawyer otherwise exercises care in representing a client. If such negligent nondisclosures cause damages, the lawyer can be held accountable for the client’s losses.

Shifting the focus of a legal malpractice action from …

The Implausibility Standard For Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard And Affirmative Defenses, Celeste Anquonette Ajayi

Washington Law Review

Environmental plaintiffs often face challenges when pleading their claims. This is due to difficulty in obtaining the particular facts needed to establish causation, and thus liability. In turn, this difficulty inhibits their ability to vindicate their rights. Prior to the shift in pleading standards created by Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, often informally referred to as “Twiqbal,” plaintiffs could assert their claims through the simplified notice pleading standard articulated in Conley v. Gibson. This allowed plaintiffs to gain access to discovery, which aided in proving their claims.

The current heightened pleading standard …

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

Civil Procedure Update 2021: New Mexico Annual Judicial Conclave, Verónica Gonzales-Zamora

Faculty Scholarship

These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2021 to September 1, 2021.

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments …

A Study On The Legal Status Of Removal Costs Of Oil Pollution From Ship Under Chinese Maritime Law, Weipeng Zhang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.