Digital Commons Network^™

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National Center …

Hak Cipta Sebagai Jaminan Pemberian Kredit Bank Dikaitkan Dengan Prinsip 5c (Character, Capacity, Capital, Collateral, Condition Of Economy), Tantowi Akbar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Banking institutions in Indonesia have the main function as collector and distributor of public funds as outlined in Article 3 of Banking Law Number 10 of 1998. In loans provided, banks are required to use the precautionary principle, known as the 5C Principle (Character, Capacity, Capital, Guarantee, and Condition of Economy). One form of collateral known in Indonesia is fiduciary collateral that can be encumbered for both movable and immovable objects either tangible or intangible that can not be encumbered for a Mortgage according to Article 1 number 2 of Fiduciary Guarantees Law Number 42 of 1999. Copyright is one …

Transparansi Pengelolaan Bumd Di Provinsi Banten Dalam Rangka Optimalisasi Kontribusi Pada Perekonomian Daerah, Subhan Ashary Rezky Sanaky

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In an optimal and good economy area, BUMD management is very important. One of the good management of BUMD is through the principle of transparency. This principle is very important. Management using the Transparency Principle in the management of this BUMD must be carried out, so that the BUMD can achieve the objectives of establishing the BUMD, which is to support the economy of a region and also contribute to the regional economy. The importance of managing BUMD in a transparent manner through the principle of transparency is also the best way that can be done by BUMD to be …

Asuransi Lingkungan Berdasarkan Polluter Pay Principle Dan Command And Control Untuk Pemulihan Lingkungan Hidup Akibat Pencemaran Dan Kebakaran Hutan, Subagio Aridarmo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Mining, plantation and industrial business actors are charged with the obligation to pay environmental insurance as a condition for being able to carry out activities or business. The application of environmental insurance is based on the Polluter Pay Principle and Command and Control in the framework of law enforcement in the environmental sector. Current laws and regulations do not guarantee safety and restoration of environmental pollution and/or damage, for example, many business actors do not pay compensation in court decisions in cases of forest and land fires. This makes efforts to repair and restore the environment from pollution and/or damage …

Penerapan Doktrin Penyalahgunaan Keadaan (Misbruik Van Omstandigheden) Dalam Putusan Pengadilan Indonesia, Sharon Clarins

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In Indonesian Law, one of reasons why a contract can be voided is when the contract was made because of the existence of threat, oversight or fraud as regulated in Article 1321 Indonesian Civil Code. But, nowadays, abuse of circumstances doctrine as one of the reason for annulment of contract is known through court verdicts. Although it is known from court verdicts, the knowledge of this doctrine is very distinct and caused inconsistency court verdicts while ajudicating cases related to abuse of circumstances. The main matter of this thesis are how are the judgement of the judge in accepting or …

Aptitude Testing As A Racially Discriminatory And Class-Skewed Method Of Regulating College Admissions. How Did It Start And Who Profits From The Current Scheme?, Courtney Garrett

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Prinsip Kerahasiaan Bank Dan Self Assessment System Dikaitkan Dengan Undang-Undang Akses Informasi Keuangan Sebagai Upaya Penegakan Kepatuhan Pajak, Salsabila Aufadhia Ilanoputri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia is a country that is actively carrying out development aimed at advancing the welfare of the community, one of which is in the economic sector. Banking and taxation are sector capable of supporting the national economy. Banks as financial services institutions that directly withdraw funds from the public based on customer trust, so that bank secrecy is the soul of the banking system. In addition, the economic rate in Indonesia is also supported by the facilities and infrastructure built through funds obtained from various state fees, one of which is taxes based on Self Assessment System (SAS). The principle …

Penyelesaian Perselisihan Pemutusan Hubungan Kerja (Phk) Atas Kesalahan Berat, Rico Saputra Ginting

"Dharmasisya” Jurnal Program Magister Hukum FHUI

It is felt that arrangements related to settlement of relational disputes can no longer accommodate the various developments that have taken place, because the rights of individual workers/laborers have not been recognized in industrial relations disputes. The relationship between workers/laborers and employers is a relationship based on the agreement of the parties, but industrial relations disputes can be caused by termination of employment. Disputes in industrial relations can occur due to differences of opinion which result in conflicts between employers or groups of employers and workers/laborers or trade unions/labor unions due to disputes regarding rights, disputes over interests, disputes over …

Membedah 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 Climate …

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 …

Urgensi Pengaturan Rapat Umum Pemegang Saham Secara Elektronik Di Tengah Pandemi Covid-19, Hafit Rusli

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This research analyze arrangement regarding implementation of electronic RUPS to respond enactment of Pembatasan Sosial Berskala Besar (PSBB) in Indonesia during COVID-19 pandemic. This is a juridical normative research that will be focused on library research that examine legal principles, systematic system of law, and legal synchronization by analyzing the urgency to issue rules and regulation related to implementation of electronic RUPS. Unless to the public company, there is no technical regulation which specifies implementation of electronic RUPS. Terms and conditions of electionic RUPS in the Law No.40 Year 2007 regarding Limited Liability Law could rises misunderstanding to the stakeholders …

User-Controlled Selective Metadata Removal Prior To Content Sharing, Benjamin Azose, Molly Clancy

Defensive Publications Series

Image and video files include embedded metadata with information such as date and time of capture, location, camera type and settings, etc. When sharing such content with other users, e.g., via messaging, social media, etc. users sometimes prefer to remove some or all of the metadata. Current mechanisms for metadata removal are cumbersome and coarse, e.g., do not provide fine control to remove certain metadata while retaining other metadata. This disclosure describes flexible and seamless mechanisms for users to share content with others, with selective inclusion of metadata. The techniques provide a user interface that enables the user to choose …

Method And System For Processing Queries With Query Filters On A Server, Mohankumar Ramachandran

Defensive Publications Series

The present disclosure provides a method and a system for processing queries with query filter on a server. The method includes receiving a query to be executed. The method analyses the received query and query filter. The method includes performing a search across metadata of Resilient Distributed Datasets (RDDs) associated with one or more files to identify whether the query filter is within a threshold of a given RDD. The method further identifies at least one RDD satisfying the query filter based on the search. Finally, the method includes executing the query to read the content from one or more …

A Method And User Equipment For Providing Vibration Based Communication Of Sensitive Information For Visually Impaired Users, Santosh Kumar Kvs, Madhusmita Mohapatra, Rakesh Ramamurthy, Avi Bomb, Amrendra Narayan Jha

Defensive Publications Series

The present disclosure relates to a method and user equipment (UE) (102) for providing vibration-based communication of sensitive information for visually impaired users (101). In the present disclosure, initially the UE (102) may receive a request from the visually impaired user (101) to access information present on a virtual card. The UE (102) detects whether the information requested corresponds to be sensitive information. Further, the UE (102) encodes the information into a vibration pattern on confirming it to be sensitive information. Finally, the UE (102) generates the encoded vibration patterns for the visually impaired users (101) to complete the transaction, …

System And Method For Role Automation For Data Virtualization, Sudeshna Biswas, Vinay Kumar Mishra

Defensive Publications Series

The present disclosure provides a method and automation system for role automation for data virtualization. When user modifies/builds views, the automation system defines available security role master, row-level security rules, column-level security rules and view-specific security rules. The automation system then creates base view for master and obtains existing permission from metadata. The automation system compares results of base review and existing permission to find if there is any change in security rule. The automation system creates generic framework to generate security scripts in VQL to modify roles and store results into database as table. The automation system creates procedures …

Selecting Content Using Second Screen Devices, Jason Robertson, Siddhartha Gudipati

Defensive Publications Series

Disclosed herein is an improved mechanism for selecting content using second screen devices. The system can pair a second screen mobile device with a media presentation device, where the system can begin presenting a first media content item on the media presentation device using a first media content service. The system can then present, on the second screen mobile device, a user interface that indicates a group of available media content services and corresponding available media content items. The system can receive, at the second screen mobile device, a selection of a second media content item associated with a second …

Infrared Fallback Mechanism For Remote Control Devices, Madhava Srinivasan, Sid Parmar, Matt Crowley, Sergej Salnikov

Defensive Publications Series

Disclosed herein is an infrared fallback mechanism for remote control devices based on the HDMI-CEC capabilities of a target device. When HDMI-CEC is enabled on the target device, such as a display device or any other suitable HDMI sink device, and when a feature is an HDMI-CEC compatible feature, the remote control device can transmit instructions to the target device by transmitting a Bluetooth radio signal (e.g., a Bluetooth Low Energy signal) to a streaming media device, which, in turn, can transmit an instruction to the target device via an HDMI-CEC channel between the streaming media device and the target …

Dynamic Format Selection Of Media Content, Kevin Chen, Anil Vijendran, Jeremy Zhou, Rob Gaunt, Pawel Jurczyk, Chubing Zeng, Michael Smouha, Colin Whittaker

Defensive Publications Series

Disclosed herein is an improved mechanism for dynamic format selection of media content. The mechanism can use a machine learning model to select a format (e.g., a playback resolution) for providing media content based on information available at the time when the request for providing the media content is received. Such information can include, for example, location information (e.g., the geographic location of a user device that is presenting the media content), account information (e.g., previously selected media content items, watch time statistical information, subscription information, etc.), and/or network condition information (e.g., current egress traffic from one or more servers …

Secure And Trustworthy System And Method Of Providing Charitable Contributions Using Cryptocurrencies, Ila Malde, Devina Arvind, Raj Patel, Akshat Agarwal, Manasa Balaji

Defensive Publications Series

The present disclosure provides a secure and trustworthy system and method of providing charitable contributions using cryptocurrencies. Initially, a registration request may be received from a donor. The request may be received by a node in a private consortium blockchain. Also, a registration request from the recipient family may be received by a node in the private consortium blockchain. The registration request may include sensitive information of the recipient family which is verified by one or more members operating in the private consortium blockchain as being a legitimate recipient family of a charitable donation for a cause. Further, the node …

Unique Benchmarking Tool To Measure Relative Cardholder Carbon Footprint Compared To In-Market And Global Peers, Nuri Vinod Purswani Ramchandani, Shikhar Swarup, Manasa Sitaram, Richa Arora, Namita Shah

Defensive Publications Series

The present disclosure relates to a method and system for calculating Carbon (CO₂) emission scores from customer purchase data and creating a score-based numerical representation to represent the carbon footprint with respect to the cardholder’s green-score benchmark. The present disclosure suggests mapping the MCCs to purchased item-level information to obtain CO₂ intensity multipliers. Thereafter, the net carbon emission value is calculated based on the transaction data associated with the purchased items. Further, a visual representation of the numerical scale score is created to represent the user green score/carbon footprint.

Penerapan Pembatalan Putusan Arbitrase Internasional Dalam Persektif Hukum Di Indonesia (Studi Putusan Kasasi Nomor : 219b/Pdt.Sus.Artb/2016), Habib Hasan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Article 66 letter (a) of Law No. 30 of 1999 concerning Arbitration and Dispute Resolution specifies "International Arbitration Award is handed down by an arbitrator or arbitral tribunal in a country with which the State of Indonesia is bound by an agreement, both bilaterally and multilaterally, regarding the recognition and implementation of the International Arbitration Award. This writing is the writing of normative juridical law using a statutory approach and a case approach. Using secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the writing can be concluded: (1) Article …

Tanggung Jawab Direksi Dalam Kepailitan Perseroan Terbatas Berdasarkan Undang-Undang Perseroan Terbatas, Fenny Kusumaningtyas

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Board of Directors according to the Company Law is defined as a corporate organ that is authorized and fully responsible for the management of the company for the benefit of the company, in accordance with the aims and objectives of the company and represents the company, both inside and outside the court in accordance with the provisions of the articles of association. The Board of Directors is a corporate organ that has the right and authority to run the company, act for and on behalf of the company, both inside and outside the court. The Board of Directors is …

Pergeseran Perubahan Filosofi Program Jaminan Hari Tua Bpjs Ketenagakerjaan, Marshall Josua Charles Hutabarat

"Dharmasisya” Jurnal Program Magister Hukum FHUI

A paradigm shift regarding the philosophy of provident fund benefit occurred due to the legalized of laws such as PP 46 of 2015, PP 60 of 2015 and Permenaker No. 19 of 2015. The issuance of PP 60 of 2015 was caused by force pressure from the labor when a massive wave of layoffs occurred in Indonesia in early 2015. After the regulation was published, as per 1 September 2015 there was a phenomenon of massive submission the provident fund benefits. It caused by, the regulation did not mention regarding of membership periode limitation, thus workers are free to claim …

Politik Hukum Dalam Penegakan Hukum Di Indonesia, Anita Anita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Law is a guide and rules related to the concept of social life and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that the law is always faced with the question of whether the law can bring about justice. In relation to the legal concept, legal politics is defined as an activity that determines the patterns and methods of shaping law, supervises the operation of the law, and reforms the law for the purposes of the State. Therefore, law is a determinant of politics, and is also …

Tinjauan Viktimologis Dan Yuridis Atas Eksploitasi Seksual Terhadap Anak Victimological And Juridical Review Of Commercial Exploitation Against Children, Ananda Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The International Labor Organization estimates that 30% of 240,000 commercial sex workers in Indonesia in 2017 are children under 18 years. Considering mentioned number, this paper discusses the aspect of victimology and legislation in the hope of being able to answer the question of how protection should be for children in the crime of sexual exploitation. The research method used is the normative legal method in which the writer tries to refer to the norms of criminal law and victimology in general. With the above regulations, the discussion on the principle of systematische specialiteit must be underlined to assess which …

Perbandingan Pengaturan Penawaran Tender (Studi Komparatif: Amerika Serikat, Thailand Dan Indonesia), Areta Artauli

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This writing discusses about various types of the Tender Offer scheme in the United States as a developed countries, Thailand as a developing countries compared to the tender offer regulation in Indonesia. Tender Offer in Indonesia is stipulated by Peraturan Otoritas Jasa Keuangan (POJK) No 54 /POJK.04/2015 concerning Voluntary Tender Offer and Peraturan Otoritas Jasa Keuangan No. 9 /POJK.04/2018 concerning Takeover of Public Company. In general, the three countries have the same understanding and purpose regarding the Tender Offer, namely to protect investors (shareholders) and create a fair capital market activities. This study aims to determine of several differences also …

Pelaksanaan Air Defence Identification Zone (Adiz) Sebagai Upaya Penegakan Hukum Wilayah Udara Negara Menurut Hukum Internasional, Muhammad Dzaki Fadhiil

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Increasing violations of the world’s airspace are a threat to a state’s sovereignty. An important aspect of maintaining sovereignty is the use of airspace security through the air defense system. One of the concepts of airspace security that has been implemented by states in the world is the Air Defence Identification Zone (ADIZ). ADIZ is an early warning space through airspace fight identification zones in support of a state’s sovereignty. This article aims to explain the implementation of ADIZ as an air defense system according to international law based on the state practices in the world. This article concludes that …

Tanggung Jawab Pemerintah Mencegah Terjadinya Praktek Monopoli Dan Persaingan Usaha Tidak Sehat: Tinjauan Yuridis Terhadap Keputusan Menteri Perhubungan Tentang Tarif Batas Atas Penumpang Pelayanan Kelas Ekonomi Angkutan Udara Niaga Berjadwal Dalam Negeri, Maruli Tua Silaban

"Dharmasisya” Jurnal Program Magister Hukum FHUI

the Ministry of Transportation has issued two rules, namely, Minister of Transportation Regulation Number 20 of 2019 concerning Procedures and Formulations for Calculating the Upper Limit Tariff of Economy Class Domestic Passenger Scheduled Air Transport, and Minister of Transportation Decree Number 72 of 2019 concerning Upper Boundary Rates for Economy Class Domestic Passenger Scheduled Air Transport Services Passengers. The two provisions need to be evaluated immediately to ensure that they do not conflict with the principles and principles of the operation of aviation services business that are free from monopolistic practices and unfair business competition and ensure the availability of …

Using Online Resources To Foster Autonomous Learning In A Clil Context: A Case Study Of An Advanced Chinese Class, Xiao Zeng

Chinese Language Teaching Methodology and Technology

The role of online resources has become increasingly significant in content and language integrated Chinese courses in terms of material preparation and autonomous learning task design. The study examines a case of integrating online visual resources into an advanced Chinese newspaper and journalism class and discusses how online resources can be utilized to foster student autonomy and promote self-regulated learning. Specifically, the study demonstrates the key features of a video platform (Pear Video) and editing tool (Interphoto), and shows how the task arrangement takes advantage of the resources in enhancing students’ language and content skills. The analysis of the learning …

A Study On Strategies For Improving Students’ Oral Skills In Online Chinese Language Teaching In Burundi, Mfitiye Ferdinand, Bankuwiha Etienne

Chinese Language Teaching Methodology and Technology

Abstract

During the period of covid-19 pandemic, educational activities in several countries around the world have experienced changes in their implementation. Face-to-face Chinese teaching in several Confucius Institutes around the world has been moved to online teaching to reduce the spread of the Covid-19 virus. In Burundi, online Chinese teaching is provided through the social network “whatsapp”. However, students have some difficulty in improving their speaking skills while learning online. This study therefore examined the strategies that can be used by the students and the teachers to ensure the improvement of students' speaking skills while learning Chinese online. It proceeded …