Penn State Law
Komisi Pemilihan Umum Republik Indonesia
Wilmer Cutler Pickering Hale and Dorr LLP
John Marshall Law School
University of Michigan Law School
Understanding The Typology Of Health Sector Corruption In Indonesia,
2023
Universitas Indonesia
Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita
Indonesia Law Review
Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption …
Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System,
2023
Faculty of Law, Universitas Tarumanagara, Indonesia
Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia
Indonesia Law Review
The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) …
The Implementation Of The Religion Rights For Transgender In Indonesia,
2023
University of Hull
The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi
Indonesia Law Review
The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era,
2023
universitas Budi Luhur
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw
Indonesia Law Review
The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …
Are The Imposed Principles Standard? A Review Of Imposing Standards: The North-South Dimension To Global Tax Politics By Martin Hearson,
2023
Schulich School of Law
Are The Imposed Principles Standard? A Review Of Imposing Standards: The North-South Dimension To Global Tax Politics By Martin Hearson, Opeyemi Bello
Dalhousie Law Journal
The publication of Martin Hearson’s book, Imposing Standards: The North-South Dimension to Global Tax Politics, coincided with heated international discussions of the most substantial policy proposals in the field of international taxation in the last century.1 Hearson’s work provides insights on how the developed countries exerted control over the negotiations of the double taxation agreement (DTA) regime, which is the basis of the current international taxation framework. It explains how the negotiations resulted in a framework that works well for the developed countries, but does not substantially address the tax revenue needs of the developing countries. The publication of the …
A Further Look At A Hague Convention On Concurrent Proceedings,
2023
Member, Pennsylvania Bar
A Further Look At A Hague Convention On Concurrent Proceedings, Paul Herrup, Ronald A. Brand
Articles
The current project of the Hague Conference on Private International Law has reached a critical juncture that requires careful consideration of the terms that delineate the scope of the proposed convention. Work to date has not followed the mandate of the Council on General Affairs and Policy to produce a convention that would deal with concurrent proceedings, understood as including pure parallel proceedings and related actions. In two previous articles we have addressed the practical needs that should be addressed by the concurrent proceedings project and the general architecture of such a convention. The process is now mired in terminological …
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
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.
A Fraying Patchwork Quilt: International Law And Plastic Pollution,
2023
Villanova University Charles Widger School of Law
A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam
Villanova Environmental Law Journal
No abstract provided.
Opaque Notification: A Country-By-Country Review,
2023
American University Washington College of Law
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Adopting Nationality,
2023
Maurice A. Deane School of Law at Hofstra University
Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson
Washington Law Review
Contrary to popular belief, when a child is adopted from abroad by an American citizen and brought to the United States, that child does not always become an American citizen. Many adoptees have not discovered until years later (sometimes far into adulthood) that they are not actually citizens, and some likely still do not know. To address this problem, the Child Citizenship Act of 2000 (CCA) was enacted to automate citizenship for certain international adoptees, but it does not cover everyone. Tens of thousands of adoptees still live under the assumption that they are American citizens when, in fact, they …
The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery,
2023
Pepperdine University
The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta
Pepperdine Journal of Communication Research
Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …
Delta Airlines – A Carbon Neutrality Pact To 2050 And Beyond A Public Policy White Paper,
2023
Gettysburg College
Delta Airlines – A Carbon Neutrality Pact To 2050 And Beyond A Public Policy White Paper, Drew P. Lemon
The Gettysburg Journal for Public Policy
As part of a new global climate initiative, the United States very one Atlanta based Delta Airlines has recently announced to the world they will be embarking on an initiative to provide a never-before-seen technique of air travel; Completely carbon-neutral air transport and net-zero carbon emissions across all operational sectors of their fleet by 2050. Delta Airlines has now become the first official United States-based airline to promise net-zero carbon flying to the entire public within the next few decades, and the airline is set on being the catalyst in generating positive change for the United States aviation industry and …
(Not) Right On Time: Interpretation Of "Pertinent Time" For Bancec Alter Ego Analysis And Its Effect On Attaching Foreign Sovereign Assets,
2023
University of Cincinnati College of Law
(Not) Right On Time: Interpretation Of "Pertinent Time" For Bancec Alter Ego Analysis And Its Effect On Attaching Foreign Sovereign Assets, James Hardman
University of Cincinnati Law Review
No abstract provided.
Indo-Pacific Conflicts Will Be Reimagined In Outer Space Exploration,
2023
Seattle University School of Law
Indo-Pacific Conflicts Will Be Reimagined In Outer Space Exploration, Michael Incorvaia
Seattle Journal of Technology, Environmental & Innovation Law
This article will focus on the effects of international treaties and how they can be utilized to govern the future of outer space exploration. The discussion will include evaluating how modern changes in technology have created a need for updated outer space-specific treaties to ensure that outer space does not become a contentious zone between countries. This article will begin by exploring the developments in outer space that have created a new space race. Then, it will discuss the Indo-Pacific conflict and why the current multilateral treaty strategy that is used in the region will not be effective in outer …
Contradiction Over The Application Of Corporate Liability In Corruption Court Decisions In Indonesia,
2023
*Universitas Indonesia
Contradiction Over The Application Of Corporate Liability In Corruption Court Decisions In Indonesia, Budi Suhariyanto, Cecep Mustafa
Indonesia Law Review
This paper presents and critically analyses the application of corporate criminal liability in the decisions of corruption crimes in Indonesia from 1999 to 2019. Of the seven corporate cases that have been prosecuted and convicted in this period. We identify 4 (four) corporate criminal liability models as follows. First, the corporation is accused, prosecuted, and convicted after the management has been convicted through a final and binding decision. Secondly, the corporation is excluded from the indictment but included in the sentencing. Third, the prosecution of corporate crimes negates the criminal liability of its management. Fourth, a portion of corporate criminal …
Promotion Of Citizenship Through Migration: Taking Into Cognizance The Peculiarities Of Migrant,
2023
Alex Ekwueme Federal University, Nigeria
Promotion Of Citizenship Through Migration: Taking Into Cognizance The Peculiarities Of Migrant, Uche Nnawulezi, Hilary Nwaechefu
Indonesia Law Review
This study arose out of the growing interest in citizenship issues that have remained an intractable problem in the global migration community. The main objective this study is to examine the realities of global migration which has necessitated expansion on citizenship policies of admission, acquisition of rights, responsibilities, and interest of migrants or residents contained in statutory provisions or frameworks of migrant's country of residence. This is against the backdrop driven by the desire to create stability in the international migration system. It becomes imperative to examined the benefits and protections accorded to migrant in his place of residence which …
The Two-Way Protective Regime Of Intangible Cultural Heritage In Armed Conflict : Application Of Modern Laws In Amalgamation With Earlier Vedic Traditions.,
2023
Universitas Indonesia
The Two-Way Protective Regime Of Intangible Cultural Heritage In Armed Conflict : Application Of Modern Laws In Amalgamation With Earlier Vedic Traditions., Shivesh Saini
Indonesia Law Review
The destruction of property has been dealt with in different conventions across International Humanitarian Law. These regulations, however, demand more clarity in light of constantly evolving warfare methods. One such aspect is the protection of digital intangible assets in several forms of armed conflict. The existing protection conferred to intangible assets is questionable and has been very little addressed in light of international law in contrast with tangible assets. Therefore, the paper seeks to demonstrate the enforceability of existing principles over intangible assets. In addition, there is explicit dependability of protection of these intangible cultural assets on cyber security. The …
Reversal Burden Of Proof In Process Of Proving Money Laundering Cases In Indonesia,
2023
Universitas Sriwijaya
Reversal Burden Of Proof In Process Of Proving Money Laundering Cases In Indonesia, Artha Febriansyah, Eva Achjani Zulfa, Muhammad Yusuf, Desia Banjarani
Indonesia Law Review
The implementation of reversal burden of proof in money laundering cases still faces obstacles that cause suboptimal and ineffective in legal enforcement. It raises a debate regarding the existence of reversal burden of proof in the proving system, particularly the proof of the crime of money laundering. Based on this background, the problems in this research are related to the regulation and implementation of reversal burden of proof in the process of proving money laundering cases and the steps that can be taken in optimizing the application of reversal burden of proof in the process of proving money laundering cases. …
Waking Sleeping Beauty? Exploring The Challenges Of Cyber-Deterrence By Punishment,
2023
Catholic University of Lyon
Waking Sleeping Beauty? Exploring The Challenges Of Cyber-Deterrence By Punishment, Thibault Moulin
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Change By Drips And Drabs Or No Change At All: The Coming Undrip Battles In Canadian Courts,
2023
Seattle University School of Law
Change By Drips And Drabs Or No Change At All: The Coming Undrip Battles In Canadian Courts, Kevin Gray
American Indian Law Journal
The enactment of the United Nations Declaration on the Rights of Indigenous Persons (“UNDRIP”) into Canadian law has long been a goal for Indigenous groups in Canada. Its enactment has been entailed as potentially game changing. Commentators have argued that the incorporation of UNDRIP into Canadian law will produce a wholesale transformation of Canadian law, including providing a veto to Indigenous groups to development on their traditional lands and eliminating the doctrine of discovery. In this paper, I consider various arguments that have been advanced as to how UNDRIP may require changes to Canadian law. I argue, conversely, …
