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Articles 151 - 180 of 29845
Full-Text Articles in Entire DC Network
The Death Penalty For Bribery-Related Corruption In Social Assistance During Non-Natural Disasters: A Legal Certainty Perspective, Elly Sudarti, Sahuri Lasmadi, Andi Agus Salim, Riana Devi Lestari, Mohammad Thoriq Bahrie
The Death Penalty For Bribery-Related Corruption In Social Assistance During Non-Natural Disasters: A Legal Certainty Perspective, Elly Sudarti, Sahuri Lasmadi, Andi Agus Salim, Riana Devi Lestari, Mohammad Thoriq Bahrie
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
This article analyzes the judge's verdict regarding the bribery corruption of social assistance during a non-natural disaster committed by Juliari Batubara. It questions whether such bribery corruption can be punishable by the death penalty. Juliari was not sentenced to death because the law only threatens the death penalty under natural disaster conditions, and COVID-19 is not considered a natural disaster. The death penalty is only threatened for corruption under Article 2, paragraph 2, not for bribery corruption. The judge's decision followed conventional legal norms, resulting in a verdict that was overly normative and failed to address the issue. This article …
Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor
Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
The 2023 Indonesian Criminal Code revises the formulation of corruption offenses, including rules on proving state financial losses; however, the elucidation of Article 603 raises questions regarding the competent institution and the evidentiary weight of audit results. This study examines how the provision may perpetuate ongoing debates over experts’ authority to determine state financial losses, which are often perceived as affecting legal certainty, and proposes a reformulation to provide clearer legal guidance. This doctrinal study employs statutory and case law approaches, utilizes qualitative methods, and applies Gustav Radbruch’s perspective as an analytical lens. It finds that Article 603’s elucidation uses …
Legal Implication And Solution: The Exemption For Apartment And Flat Developer's Bankruptcy Request As Insufficient To Meet Simple Proof Requirements, Veri Antoni, Azka Farrell Razaga
Legal Implication And Solution: The Exemption For Apartment And Flat Developer's Bankruptcy Request As Insufficient To Meet Simple Proof Requirements, Veri Antoni, Azka Farrell Razaga
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Supreme Court Circular (SEMA) 3/2023 states that apartment and/or flat developers do not meet the simple proof requirements referred to in Article 8 paragraph (4) of Law 37/2004. This paper aims to answer what is the legal implication of the exception to the bankruptcy request against apartment and/or flat developers that were considered insufficient to meet the simple proof requirement in SEMA 3/2023? and what the solutions as a recommendation that can be provided? This research is normative legal research that employs legislative, conceptual, and comparative approaches through document studies to obtain secondary data. Simple proof in bankruptcy law refers …
Antitrust In Practice: Case-Based Comparative Analysis Of Predatory Pricing Enforcement In Indonesia And The United States, Anna Maria Tri Anggraini, Ahmad Sabirin, Farhandi Himawan
Antitrust In Practice: Case-Based Comparative Analysis Of Predatory Pricing Enforcement In Indonesia And The United States, Anna Maria Tri Anggraini, Ahmad Sabirin, Farhandi Himawan
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Business entities employ predatory pricing as a strategy primarily aimed at eliminating competitors. The regulation and detection of predatory pricing are complex processes, and each country adopts distinct mechanisms to address the issue. The scientific contribution of this study lies in its comparative analysis of two different legal systems—Indonesia’s civil law and the United States’ common law—in addressing predatory pricing practices under competition law. It examines how differing legal frameworks influence the methods of proof, the application of the rule of reason principle, and the pattern of sanctions imposed on business actors. In addition, this study adopts an interdisciplinary approach …
Seven County Infrastructure Coalition V. Eagle County, Craig A. Rigdon
Seven County Infrastructure Coalition V. Eagle County, Craig A. Rigdon
Public Land & Resources Law Review
The National Environmental Policy Act of 1969 is a landmark in United States environmental law. For more than half a century, under its authority, all federal agencies contemplating proposed actions that pose significant environmental impacts have incorporated an analysis of those impacts into their decisions. These analyses provided an avenue for opponents to challenge an agency’s final decision in federal court. Earlier this year, the Supreme Court issued a “course correction” to rein in the disparate approaches that the lower courts had applied to cases challenging federal agency decisions on NEPA grounds. The unambiguous guidance the Court lays out for …
Fletcher's Uncertainty Principle, Matthew L.M. Fletcher
Fletcher's Uncertainty Principle, Matthew L.M. Fletcher
Tulsa Law Review
No abstract provided.
Tribal Co-Management On Ceded Lands: A New Era?, Michael C. Blumm, Adam Eno
Tribal Co-Management On Ceded Lands: A New Era?, Michael C. Blumm, Adam Eno
Tulsa Law Review
No abstract provided.
Tribes As Nations: The Future Of The Trust Relationship, Adam Crepelle
Tribes As Nations: The Future Of The Trust Relationship, Adam Crepelle
Tulsa Law Review
No abstract provided.
The Unenforceable Indian Trust, Ezra Rosser
The New Existentialism In Indian Law, M. Alexander Pearl
The New Existentialism In Indian Law, M. Alexander Pearl
Tulsa Law Review
No abstract provided.
Noetic Specialty Insurance Co V. B Braun Medical Inc
Noetic Specialty Insurance Co V. B Braun Medical Inc
2025 Decisions
USDC for the Eastern District of Pennsylvania
Fractionation By Design: Remedy Without Repair In Indigenous-Owned Trust Allotments, Jessica A. Shoemaker
Fractionation By Design: Remedy Without Repair In Indigenous-Owned Trust Allotments, Jessica A. Shoemaker
Tulsa Law Review
No abstract provided.
Virtual Influencers, Real Liability: Strategies For Companies To Ensure Consumer Protection When Using Ai Influencers, Sherri Hufstedler
Virtual Influencers, Real Liability: Strategies For Companies To Ensure Consumer Protection When Using Ai Influencers, Sherri Hufstedler
UC Law SF Communications and Entertainment Journal
No abstract provided.
When You Wish Upon A Clause, Hannah Lee
When You Wish Upon A Clause, Hannah Lee
UC Law SF Communications and Entertainment Journal
No abstract provided.
Fair Use Or Foul Play? Copyright Law’S Battle Over Using Sound Recordings In Ai Training, Matthew Schurz
Fair Use Or Foul Play? Copyright Law’S Battle Over Using Sound Recordings In Ai Training, Matthew Schurz
UC Law SF Communications and Entertainment Journal
No abstract provided.
From Gap To Growth? Examining Institutional And Legal Efforts To Bridge Gender Disparities In Higher Learning: The Case Of University Of Dar Es Salaam, Hadija K. Mwendah, Bernadeta Killian
From Gap To Growth? Examining Institutional And Legal Efforts To Bridge Gender Disparities In Higher Learning: The Case Of University Of Dar Es Salaam, Hadija K. Mwendah, Bernadeta Killian
Journal of Humanities and Social Sciences
Tanzania has adopted several institutional and legal frameworks to advance gender equality in higher learning. These include, national gender policies, affirmative action provisions and establishment of gender mainstreaming structures at universities. This paper examines how these frameworks have been implemented at the University of Dar es Salaam (UDSM) and the extent to which they have bridged gender disparities in academia. Using secondary data and drawing from feminist institutionalism, the study explores how formal rules and informal practices interact to influence gender outcomes. Findings reveal that while institutional mechanisms such as the UDSM Gender Policy, Institute for Gender Studies, Gender Desks …
Raymond Alexander V. Kelly Eaton
Raymond Alexander V. Kelly Eaton
2025 Decisions
USDC for the Eastern District of Pennsylvania
Establishing Evidence Of Intercultural Competence As Learning Outcomes Of Outbound Student Mobility Programs For Undergraduate Participants, Hiroyoshi Hiratsuka
Establishing Evidence Of Intercultural Competence As Learning Outcomes Of Outbound Student Mobility Programs For Undergraduate Participants, Hiroyoshi Hiratsuka
Journal of Comparative & International Higher Education
Outbound student mobility programs are instrumental to Japan’s higher education policy. However, the national policy discourse among the stakeholders tended to overlook evidence when the literature review identified a gap. This study intended to fill this evidence gap by uncovering evidence of intercultural competence as a learning outcome of outbound mobility programs. This study is a theory-driven qualitative method to establish students’ learning outcomes as a part of GSC’s degree requirements to participate in studies in Malaysia and Thailand. This qualitative analysis confirmed cultural self-awareness and related intercultural competence domains as learning outcomes of this outbound student mobility program in …
How Slow Legislative Reform Allows For Fake News, The Remedies And Solutions To Modernize The Law, Christopher Kidwell
How Slow Legislative Reform Allows For Fake News, The Remedies And Solutions To Modernize The Law, Christopher Kidwell
UC Law SF Communications and Entertainment Journal
No abstract provided.
Penggunaan Metode Socrates Dalam Mengembangkan Pendidikan Tinggi Hukum Di Indonesia, Syarifah Lisa Andriati, Inneke Kiki Rizki, Ain Najwa Binti Mohd Malian
Penggunaan Metode Socrates Dalam Mengembangkan Pendidikan Tinggi Hukum Di Indonesia, Syarifah Lisa Andriati, Inneke Kiki Rizki, Ain Najwa Binti Mohd Malian
Jurnal Hukum & Pembangunan
The ability to think critically and have the ability as a problem solver is needed in higher education Law in Indonesia. One of the methods used is the Socratic Method. Critical thinking is one of the aspects that law students must have to improve their ability as problem solvers. This research was conducted to contribute that the application of the Socratic method is effective to be applied in the learning process of higher education in Indonesia, as well as to provide evaluation and knowledge about the challenges and obstacles that will be faced in the process of applying the Socratic …
My Research Journey Into Family Domestic Work: Methodological Reflections Of Conducting Research With Sister-Maids And Sister-Madams In Limpopo, Percyval Bayane
My Research Journey Into Family Domestic Work: Methodological Reflections Of Conducting Research With Sister-Maids And Sister-Madams In Limpopo, Percyval Bayane
The Qualitative Report
Research has been conducted on domestic work in South Africa with studies focusing on domestic workers’ conditions during Apartheid and examining the little to no changes post-Apartheid. Domestic work in post-Apartheid South Africa involves the hiring of family and friends as domestic workers, and this is an under-researched area. As a young black man researching family domestic work, I was confronted with methodological challenges relating to negotiating access and conducting interviews with older black women hiring relatives and those working for family members as domestic workers. This reflexive paper reflects on my personal journey and experiences of conducting qualitative research …
Tapera: Melindungi Hak Atas Tempat Tinggal Atau Mengancam Kehidupan Yang Layak, Elizabeth Jeneva Samuella, Ida Susanti
Tapera: Melindungi Hak Atas Tempat Tinggal Atau Mengancam Kehidupan Yang Layak, Elizabeth Jeneva Samuella, Ida Susanti
Jurnal Hukum & Pembangunan
This study examines the People's Housing Savings (TAPERA) policy in the context of protecting the right to adequate housing and its impact on the decent living conditions of workers. Under TAPERA regulations, all workers are required to set aside a portion of their salary, including those who already own a home. While this policy aims to improve access to adequate housing, it raises questions about its impact on purchasing power and the fulfillment of other basic needs. The study employs an interdisciplinary approach using socio-legal methods to evaluate whether the mandatory TAPERA contributions can be considered a violation of the …
Mogok Kerja Tenaga Medis: Problematika Pada Uu Ketenagakerjaan Dan Pilihan Model Pengaturannya, Rama Agung
Mogok Kerja Tenaga Medis: Problematika Pada Uu Ketenagakerjaan Dan Pilihan Model Pengaturannya, Rama Agung
Jurnal Hukum & Pembangunan
The issue of healthcare workers' strikes remains complex in terms of regulatory frameworks. On one hand, there is a conflict of interest between public interest in access to healthcare services and, on the other, the Labor Law, which regards the right to strike as a fundamental right of workers, integral to collective bargaining. This paper examines the challenges in regulating healthcare workers' strikes by analyzing Article 139 of the Labor Law and exploring regulatory models that support the provision of high-quality healthcare services. The findings highlight several key points. First, Article 139 of the Labor Law does not yet provide …
Jalan Tengah Indonesia Menuju Penghapusan Pidana Mati, Calvin Wie
Jalan Tengah Indonesia Menuju Penghapusan Pidana Mati, Calvin Wie
Jurnal Hukum & Pembangunan
Constitutional Court Decision Number 2-3/PUU-V/2007 states that the death penalty does not conflict with the 1945 Constitution of the Republic of Indonesia. However, the decision provides a kind of guideline that suggests that efforts should be made to moderate the death penalty, including by removing the death penalty from the main criminal system and by formulating provisions for postponing the implementation of the death penalty (conditional capital punishment). This was followed up in the reform of the national criminal law with the promulgation of Law Number 1 of 2023 concerning the Criminal Code. This research aims to determine the legal …
Analisis Perluasan Makna Pasal 71 Ayat (1) Undang-Undang Pilkada Berdasarkan Putusan Pengadilan Negeri: Upaya Mewujudkan Keadilan Dalam Pilkada 2024, Supriyadi Supriyadi, Abdullah Iskandar
Analisis Perluasan Makna Pasal 71 Ayat (1) Undang-Undang Pilkada Berdasarkan Putusan Pengadilan Negeri: Upaya Mewujudkan Keadilan Dalam Pilkada 2024, Supriyadi Supriyadi, Abdullah Iskandar
Jurnal Hukum & Pembangunan
The analysis and study of decisions is actually popular and developed in countries with common law systems, legal scholars, researchers and practitioners there place their court decisions as the primary object of legal study, which is why the existence of court decisions is the main benchmark in applying and shaping the law. In the context of legal development in Indonesia, the study of this decision has had a good place among legal scholars and researchers, this has been proven by the existence of several works produced focusing on the analysis of decisions, such as those popularised by the Judicial Commission …
Lahirnya Tensi Metafisik Di Urat-Leher Projek-Projek Interpretasi Konstruktif, Herman Bakir, Mukhtasar Syamsuddin
Lahirnya Tensi Metafisik Di Urat-Leher Projek-Projek Interpretasi Konstruktif, Herman Bakir, Mukhtasar Syamsuddin
Jurnal Hukum & Pembangunan
This project is a legal hermeneutics. The aim is to elaborate the paradigm of the law as integrity theory, Ronald Dworkin’s work, which has received recognition as one of the most influential philosophical systems in the world of law throughout the last century. The issues discussed are divided into three subjects: (1) the interpretation role in legitimizing “law” as a corpus that has a “soul”; (2) a concept of interpretation from the womb of the law as integrity theory; (3) the dual capacity of “constructive interpretation” in [a] “returning” law to its roots; and [b] housing “morals” within the body …
Implementing The Practice Based Coaching Model For Inclusion In Early Childhood Education, Julia Cuevas Guerra
Implementing The Practice Based Coaching Model For Inclusion In Early Childhood Education, Julia Cuevas Guerra
Human Development and School Services Faculty Publications
This mixed method descriptive single case research explored the effects of implementing the Practice-Based Coaching (PBC) model at an Early Head Start Center in South Texas. The Practice-Based Coaching model provided professional development by three bilingual coaches to three bilingual teachers of young children ages 2-3 about emergent biliteracy instruction. Data was collected from coaches and teachers through reflexive journals, focus group interview, pre and post observation checklists and surveys to get their perceptions and experiences with the Practice-Based Coaching model. The findings showed the Practice Based Coaching model is an effective learning practice for teachers and coaches. The model …
Ending Gender-Based Sexual Violence On Canadian Campuses: Peer Educator Perspectives, Jason A. Laker
Ending Gender-Based Sexual Violence On Canadian Campuses: Peer Educator Perspectives, Jason A. Laker
Faculty Research, Scholarly, and Creative Activity
Gender-based and sexual violence (GBSV) remains a pervasive problem in higher education, disproportionately affecting marginalized students and undermining their safety, well-being, and academic success. Post-secondary institutions (PSIs) increasingly rely on peer educators (PeerEds) to deliver prevention and response programs, leveraging their shared student experience to foster trust and engagement. This study explores the motivations and experiences of GBSV PeerEds in Canada and the United States, revealing how personal trauma, institutional critique, and allyship drive their involvement. Findings highlight the emotional labour, secondary trauma, and systemic constraints PeerEds face, alongside their contributions to campus culture and advocacy. The study critiques institutional …