Digital Commons Network^™

Perlindungan Hukum Bagi Investor Dalam Pelaksanaan Transaksi Saham Dengan Sistem Perdagangan Online Trading, Indira Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper analyzes the mechanism of transactions with online trading systems and protection of investors in online trading transactions, specifically in stock trading. The growth of online trading shows us a method of stock trading that is suitable in the technology development era where technology is used as a vital point for financial transactions. Legal protection of investors in the implementation of online trading systems, specifically in stock trading has been regulated in some regulations but still not comprehensive. In addition to the OJK Law which regulates the protection of investors in a preventive and repressive manner, the Capital Market …

Komparasi Pengalihan Objek Jaminan Fidusia Dalam Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Dan Fatwa Dsn-Mui Nomor 68/Dsn-Mui/Iii/2008, Ibnu Iyadh

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Fiduciary institutions were born with the background of fulfilling the increasing and developing needs of the community and the many shortcomings of institutions that were previously the only institutions in fulfilling the needs of the community. which results in a person being unable to continue paying their debts, so that a debt transfer is carried out, among others, namely after paying a down payment of two or three installments in the first month, the debtor is not willing to pay the remaining installments on the grounds that he only wants to experience new goods and, due to frequent defaults committed …

Kewenangan Inspektorat Jenderal Kementerian Pendidikan, Kebudayaan, Riset, Dan Teknologi Dalam Melakukan Pengawasan Intern Terhadap Pengelolaan Dana Bantuan Pemerintah, Handoyo Priyadi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of the goals of the state as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia is to educate the life of the nation. In the context of achieving the goals of the state, there are various programs in the field of education and culture which are implemented in various ways and mechanisms, one of which is through the government assistance mechanism allocated to the Ministry of Education, Culture, Research, and Technology. In order to ensure that the implementation of the program with the government assistance mechanism can run well in accordance with the predetermined …

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 the market ecosystem where people are not selling products but selling virtual models (CAD Files). This ecosystem will have an impact on designers 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 …

Perbandingan Bentuk Hukum Perusahaan Perseroan Negara Indonesia Dan Brunei Darussalam, Gilang Prabowo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Limited Liability Company is a legal entity established under an agreement, carrying out business activities with authorized capital which is entirely divided into shares and fulfills the requirements stipulated in the law of limited liability companies and their implementing regulations. Research with a normative juridical approach that is descriptive begins with the regulation of limited liability companies, establishment, and organs contained in limited liability companies in Indonesia and comparison with the state of Brunei Darussalam. The purpose of this paper is to make Comparative Regulations governing the Indonesian state-owned companies with Brunei Darussalam.

Keywords: company; limited company; regulation; Indonesia; …

Percepatan Pelayanan Perizinan Berusaha Dalam Rangka Potensi Peningkatan Investasi Sektor Sumber Daya Alam: Pertanian, Farid Anfasa

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This research discusses about licensing is a policy instrument of the government to control negative externalities that may be caused by social or economic activities. License is also an instrument for legal protection for the ownership or operation of activities. The Acceleration of Business Licensing Services in Indonesia is still far from ideal as expected by business people. Seeing this fact, there is a need to change the service paradigm, especially investment licensing services, so that investment licensing procedures can be created that can be categorized as cheap, fast and clear in accordance with predetermined public service standards. Therefore the …

Mengkaji Kepastian Hukum Dan Perlindungan Hukum Terhadap Investasi Di Indonesia Melalui Lembaga Perizinan Online Single Submission (Oss), Eldbert Christanto Anaya Marbun

"Dharmasisya” Jurnal Program Magister Hukum FHUI

To drive the national economy, investment is one of the main driving factors that the Government of Indonesia continues to maintain and grow. Various efforts have been made by the Government so that investment can flow rapidly into Indonesia, both PMA and PMDN. One of these efforts is to build a new electronic-based licensing system. Based on Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services or often referred to as OSS, licensing services are made easier. Through the OSS system, licensing for undertaking and investing is simplified. The bureaucracy and lengthy licensing requirements that have been …

Law Of The Land: The Continuing Legacy Of Indian Law's Racist Roots And Its Impact On Native American Land Rights, Maggie Lohmann

West Virginia Law Review

Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may believe that such atrocities only occurred in the past, this belief is unfounded. This Note examines the structural racism that supports Federal Indian Law through treaties with Native nations, racist Supreme Court Indian law opinions, and legislation that allowed the seizure of Native land. The lasting legacy of this structural racism is explored through recent …

Why Cost/Benefit Balancing Tests Don't Exist: How To Dispel A Delusion That Delays Justice For Immigrants, Joshua J. Schroeder

West Virginia Law Review

In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However, since Boumediene v. Bush was decided in 2008, there are several reasons not to despair Zadvydas’s demise

.

For one, Zadvydas spoke to an extremely narrow subset of cases. It granted a concession under the Due Process Clause to immigrants detained beyond the statutory 90-day removal period. It …

Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov

West Virginia Law Review

Prior to exiting the White House, President Trump placed a variety of restrictions on Chinese-owned social media applications, TikTok and WeChat, threatening to greatly curtail their influence in the United States. While couching his actions in the context of national security, the former president engaged in viewpoint discrimination in plain violation of the First Amendment to the United States Constitution. The court rulings in favor of TikTok and WeChat were encouraging and should stem the tide of future government regulations of social media platforms. This article discusses how the decisions fit into the greater context of First Amendment jurisprudence and …

God, Guns, And Hair Salons: Public Perceptions Of Rights And Liberties During The Covid-19 Pandemic, Jessica R. Graham, Kyle J. Morgan

West Virginia Law Review

In response to the COVID-19 pandemic, elected officials across the United States took efforts to slow the spread of the virus. Some of these efforts raised constitutional questions about the ability of the government to curtail rights during a crisis. This project makes use of an original dataset—letters to the editor submitted to 33 of the nation’s largest newspapers during the early months of the pandemic—to analyze public attitudes about these restrictions. Like much of the previous work regarding attitudes towards rights and liberties during a crisis, we find that these concerns are not front of mind to the public. …

Digital Sociology And Online Music Communities: Models And Lessons From The Internet, Kari K. Veblen, Janice L. Waldron

Visions of Research in Music Education

With the rise of the internet, work from the of fields of digital sociology, communications/social media studies, and online research methods have become increasingly relevant for music education scholars both investigating and facilitating music teaching and learning in online contexts. While opportunities for online music making, teaching, and learning activities have grown exponentially, the number of online places dedicated to music making, learning, and sharing has exploded with the arrival of COVID as much of the world moves online. What was once an option – going online to teach and learn music – has now become a necessity for most …

Identity, Memory, And Performance In The Time Of Pandemic: A Duoethnography, Terry Sefton, Danielle Sirek

Visions of Research in Music Education

How can a musician maintain her sense of self in quarantine, a self that is constructed by intertwined strands of creativity, performativity, and relationship? The hiatus brought about during the pandemic has created a lack for musicians and music educators, an absence or loss of professional identity and personal meaning. On March 12, 2020, we found ourselves shut out of the classroom and barred from the performance stage. Over the course of a year, we two musician-educators engaged in duoethnography as a way of documenting our experiences. It became a site where we could provide each other with a “destabalizing …

Music Education And The Shrinking Public Space: Implications Of Richard Sennett's Sociological Ideas For Music Education, Paul Louth

Visions of Research in Music Education

Richard Sennett’s theory that industrial capitalism triggered the gradual elimination of shared cultural symbolism and thus contributed to the impoverishment of civic involvement deserves to be revisited in light of its implications for music education in an age of global information capitalism. In 1974 Sennett produced an extensive examination of the relationship between public culture and public space, arguing that our response to large-scale social and economic forces over which we have limited control is to retreat from public cultural expressions and consequently from public life. Extending Sennett’s sociological argument, I contend that the subjectivizing of musical meaning may lead …

Perspectives On Social Realism Within North American Higher Music Education, Kyle Zavitz

Visions of Research in Music Education

This article critically examines the suitability of Social Realist perspectives within North American higher music education, with a particular focus on its relationship with jazz musical knowledges. Social Realist scholarship continues to emerge within the field of education sociology, driven by claims to contribute to student access and opportunity. In spite of this, scholars have continued to critique Social Realist perspectives for various reasons including maintaining an ideological status quo and devaluing the experiences of students, going as far as argue that Social Realist frameworks may in fact limit the access and opportunity espoused by its proponents. Drawing upon past …

Retranslation And Interpellation, Andrew Brooks

Living in Languages

No abstract provided.

A Study Of Cranf 1927: Woo Kwang Kien And Translation-Cultural Capital, Lisu Wang

Living in Languages

Largely ignored by Gaskell scholars, the early Chinese translations of Gaskell’s works have not been carefully looked at. From 1920 to 1945, the publication of four stories by Gaskell-- Cranford, Cousin Phillis, Hand and Heart, and The Old Nurse’s Story, witnessed the transformation from politics-orientated to independence in China’s publishing history. With their growing understanding of foreign literature, Chinese scholars had been translating and criticizing Gaskell’s works, and gradually formed a focus on Cranford. It was not by accident that Cranford has received great popularity: there is no similar novella in contemporary Chinese literature that …

Babel Blackness: The Aesth-Ethical Turn In Post-Colonial Translation, Emanuela Maltese

Living in Languages

“How do we make art in an ethical way?” (Marlene NourbeSe Philip) is the leading question lying at the basis of this article, which inspired by the story of the unauthorized Italian translation of Zong! seeks to investigate on the ethics of translation and propose a new turn in translation studies, namely a black aesth-ethical one. The proposal here examined is indeed informed by both aesthetics, and ethics. It presents translation as a practice, that draws on recent debates on black aesthetics, with specific reference to the Afro-optimism (AO) of cultural theorist and poet Fred Moten (2013, 2018, 2019) and …

Analisis Putusan Kppu Tentang Persekongkolan Tender Kasus Pengadaan Palapa Ring Mataram Kupang Cable System Pt. Telekomunikasi Indonesia Tbk., Dzaky Ismail Al Abyan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Conspiracy in tenders is an activity prohibited by Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. One of them is the conspiracy of tender of Mataram-Kupang Cable System Project PT. Telekomunikasi Indonesia, Tbk Fiscal Year 2009. Judges' verdict does not indicate or not fulfill the elements violating discrimination and conspiracy practices in the tender. This is in accordance with the substance of Article 19 letter d, and Article 22 of Law no. 5 1999. The need for a rule of reason approach is also an important aspect to deal with the existence of elements …

Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discusses history of world free trade after the second world war has a very long and winding history, which is also colored by the formation of international trade organizations, in which many countries who involved have antinomy thoughts, where some of them feel the world of trade needs a free trade system, resulting to negotiations and various forms of compromise. Entering the era of globalization marked by the birth of various kinds of multilateral and bilateral agreements as well as the formation of economic blocs clearly shows the relationship or linkages and dependencies between nations and people around …

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 …

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime for …

Breaking Point: The Ironic Evolution Of Psychiatry In World War Ii - Appendix B, Rebecca Schwartz Greene

History

This book informs the public for the first time about the impact of American psychiatry on soldiers during World War II.

Breaking Point is the first in-depth history of American psychiatry in World War II. Drawn from unpublished primary documents, oral histories, and the author’s personal interviews and correspondence over years with key psychiatric and military policymakers, it begins with Franklin Roosevelt’s endorsement of a universal Selective Service psychiatric examination followed by Army and Navy pre- and post-induction examinations. Ultimately, 2.5 million men and women were rejected or discharged from military service on neuropsychiatric grounds. Never before or since has …

All The News That's Fit To Be Identified: Facilitating Access To High Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopoulos

Colorado Technology Law Journal

No abstract provided.

Carpentertown Coal And Coke Co V. Director Office Of Workers Com

2023 Decisions

Agency

Vito Pelino V. Wetzel

2023 Decisions

USDC for the Western District of Pennsylvania

Educational Policies Committee Agenda, January 5, 2023, Utah State University

Educational Policies Committee

• Approval of Minutes - December 1, 2022
• Subcommittee Reports
• Curriculum Subcommittee (Chad Simon)
• Academic Standards Subcommittee (Renee Galliher)
• General Education Subcommittee (Matt Sanders)
• Other Business
• Adjourn: 4:00 pm

Jefferson Digital Commons Quarterly Report: October-December 2022, Anita Lai, Mlis

Jefferson Digital Commons Reports

This quarterly report includes:

• Articles
• Conferences and Symposiums
• Dissertations
• Faculty Books
• Grand Rounds and Lectures
• Interprofessional Story Slam
• JCRS Capstone Presentation
• Journals and Newsletters
• Miscellaneous
• Posters
• Scholarly Inquiry
• What People are Saying About the Jefferson Digital Commons

Anticompetitive Corporate Spin-Offs, Alexa Rosen Grealis

University of Miami Business Law Review

Section 355 of the Internal Revenue Code allows corporations to “spin-off” parent-controlled businesses tax-free. Traditionally an important tool for divestitures and restructurings with U.S. tax consequences, recent trends suggest section 355 is also of interest to firms facing US antitrust consequences. Statements and maneuvering by some such companies indicate firms are considering spinning-off businesses to avert liability and ‘break up’ on their own terms. Despite widespread renewed interest in using antitrust laws to break up large corporations, the antitrust implications of corporate spin-offs have thus far escaped scholarly notice and scrutiny.

This Note posits that it is a mistake to …

Hospital Mergers: The Symptoms Of Anticompetitive Consolidation & A Routine Checkup On The Horizontal Merger Guidelines, Stefan Rao Kostas

University of Miami Business Law Review

In 2021, President Biden issued an executive order that addressed the negative implications of market concentration within the healthcare industry. Specifically, President Biden called for the revision of the Horizontal and Vertical Merger Guidelines to enact antitrust safeguards that limit unchecked hospital mergers and promote competition. This Article delves into the role of the healthcare sector in the U.S. economy and how the current state of hospital mergers limits competition and, thus, the quality of care available to patients. Further, this Article studies U.S. federal regulations, case law, and merger retrospectives to uncover pitfalls within the current Horizontal Merger Guidelines. …