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Criminal Law

Conspiracy

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Penerapan Sanksi Daftar Hitam Pengadaan Barang/Jasa Pemerintah Dalam Perspektif Penegakan Hukum Persaingan Usaha, Gleshya Regita Putri My Made Dec 2022

Penerapan Sanksi Daftar Hitam Pengadaan Barang/Jasa Pemerintah Dalam Perspektif Penegakan Hukum Persaingan Usaha, Gleshya Regita Putri My Made

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The authority to impose blacklisting sanction, particularly in terms of the procurement of government goods/services stipulated in Presidential Regulation 16/2018 and LKPP Regulation 17/2018 may only be exercised by the Budget User (Pengguna Anggaran/”PA”)/Authorized Budget (Kuasa Pengguna Anggaran/”KPA”). Neither the said regulations do also clearly state that the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha/”KPPU”) has the authority to impose such blacklisting sanction in relation to the procurement of government goods/services. This research examines the authority of KPPU in imposing blacklisting sanction against business practitioner who are proven violating business competition law and …

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“Collusion” And The Criminal Law, Robert M. Sanger Sep 2018

“Collusion” And The Criminal Law, Robert M. Sanger

Robert M. Sanger

The journalistic use of the term “collusion” in the air; it might be a good time for a refresher. This article will make an effort to cover the general framework of federal crimes in which a potential target (i.e., a would be defendant if a case were filed) had a guilty mind but did not directly do the ultimate act. Looked upon from the “collusion” perspective, it is a situation where a person did something with others in which some illegal result was attempted or accomplished by some or all of the participants. Broadly construed, inchoate crimes would include attempt, …

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"Congress Shall Make No Law…":Ii, O. John Rogge Feb 1958

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …

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