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Articles 391 - 420 of 4249
Full-Text Articles in Law
Pelaksanaan Air Defence Identification Zone (Adiz) Sebagai Upaya Penegakan Hukum Wilayah Udara Negara Menurut Hukum Internasional, Muhammad Dzaki Fadhiil
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 …
Pelaksanaan Hak Dprd Dalam Mengajukan Rancangan Peraturan Daerah Inisiatif Di Dprd Kota Serang - Provinsi Banten, Afriman Oktavianus
Pelaksanaan Hak Dprd Dalam Mengajukan Rancangan Peraturan Daerah Inisiatif Di Dprd Kota Serang - Provinsi Banten, Afriman Oktavianus
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Submission of draft regulations may be proposed by the head of the area and can also be proposed by legislators as proposed initiative DPRD. Formulation of the problem: How does the implementation of filing draft from DPRD to draft legislation that comes from the head of the region from 2016 till 2019 in Serang City? How is the economic impact of the implementation of the draft submission from the DPRD and the draft coming from mayor of Serang City? What are the obstacles and barriers of Serang City DPRD initiative in submission the right proposal draft? What are the efforts …
Perlindungan Hukum Dalam Lingkup Pengetahuan Tradisional Dan Ekspresi Budaya Tradisional Atas Soto Sebagai Indikasi Geografis Dan Makanan Khas Nusantara, Agus Setiawan
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Soto is a food that is a typical Indonesian traditional dish that is consumed by almost all Indonesian people. In Law No. 5 of 2017 concerning the Advancement of Culture, it is explained that it is necessary to make strategic efforts in protecting, exploiting, and fostering in order to realize an Indonesian society that is politically sovereign, economically independent, and has a cultural personality, which is an element of communal intellectual property belonging to the Indonesian nation. . One of the objects of Indonesian traditional culture cannot be separated from food and drinks which are typical Indonesian dishes, one of …
Pertanggungjawaban Otoritas Jasa Keuangan Terhadap Kasus Gagal Bayar Perusahaan Asuransi, Tumbur Halomoan
Pertanggungjawaban Otoritas Jasa Keuangan Terhadap Kasus Gagal Bayar Perusahaan Asuransi, Tumbur Halomoan
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The development of the financial industry accompanied by close supervision in order to maintain stability in the financial industry. Financial Services Authority is an independent institution have special authority by the Law to overseen the financial industry. The financial industry is divided into two parts first the bank financial industry and the non-bank financial industry. One non-bank financial industry that is overseen by OJK. OJK in overseeing insurance is quite large starting from the granting of a company establishment license to the company's activities which are reported regularly by the insurance company. OJK not necessarily make the insurance industry run …
Penyampaian Informasi Mengenai Pemilik Manfaat Dari Korporasi Sebagai Upaya Pencegahan Tindak Pidana Pencucian Uang Dan Pendanaan Terorisme, Trisha Dayanara
Penyampaian Informasi Mengenai Pemilik Manfaat Dari Korporasi Sebagai Upaya Pencegahan Tindak Pidana Pencucian Uang Dan Pendanaan Terorisme, Trisha Dayanara
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Indonesia’s government makes some efforts to be FATF’s member in order to be more accepted in international business. Therefore, Indonesia should comply to The FATF Recommendations, international standards on combating money laundering, and the financing of terrorism and proliferation. One of the government’s focus is on Recommendation 24 and 25 about Transparency and Beneficial Ownership of Legal Persons and Legal Arrangements. The implementation of Recommendation 24 and 25 can be seen at some Indonesia’s regulations. This article’s aim is to explain the regulations about transparency of beneficial ownership of corporation, using normative legal research by literature review. The conclusion of …
Bentuk Kelembagaan Program Penjaminan Polis Di Indonesia (Studi Perbandingan Antara Indonesia Dengan Malaysia Dan Korea Selatan), Putri Nurul Hidayati
Bentuk Kelembagaan Program Penjaminan Polis Di Indonesia (Studi Perbandingan Antara Indonesia Dengan Malaysia Dan Korea Selatan), Putri Nurul Hidayati
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The case of default of insurance companies makes public confidence in insurance decreases. Therefore it is necessary to have a mechanism and institution that can provide a sense of security to the community in terms of the insurance. As is the case with banks that have a Deposit Insurance Corporation (LPS) which can provide a sense of security to the public to deposit their money with the Bank. Until now, Indonesia does not have a Policy Guarantee Program or a Policy Guarantee Agency. Even though this has been mandated in Law Number 40 of 2014 concerning Insurance. The Policy Guarantee …
Perlindungan Hak Cipta Atas Konten Webinar Serta Akibat Hukum Merekam Dan Menggungah Konten Webinar Tanpa Persetujuan, Nabila Nabila
Perlindungan Hak Cipta Atas Konten Webinar Serta Akibat Hukum Merekam Dan Menggungah Konten Webinar Tanpa Persetujuan, Nabila Nabila
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The Covid-19 pandemic period has changed the pattern of daily activities from normal to new normal. For example, seminars, which are usually, conducted face-to-face, change to online or what are known as webinars. The legal aspect that is closely related to webinars is the legal aspect of copyright. Organizing online seminars is considered easier because neither the participants nor the speakers need to leave the house to continue carrying out the seminar. Supported by technological developments, this webinar can also be recorded so that participants who are late for the webinar can still know the material presented through the recorded …
Tinjauan Yuridis Notifikasi Merger Dalam Hukum Persaingan Usaha : Studi Kasus Pt Fks Multi Agro Tbk, Muhammad Surya Mustariyakuma
Tinjauan Yuridis Notifikasi Merger Dalam Hukum Persaingan Usaha : Studi Kasus Pt Fks Multi Agro Tbk, Muhammad Surya Mustariyakuma
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Mergers, Consolidations and Acquisitions are corporate actions that commonly occur in the business world. The corporate action is a means for companies to strengthen its position in the market and maximize corporate profits. But on the other hand, the Merger, Consolidation and Acquisition also has the potential to lead to anti-competitive practices by joining two large companies so as to dominate the market share and kill other business actors. Law No. 5 of 1999 explicitly regulates the provisions of mergers, consolidations, and acquisitions, namely articles 28 and 29. Furthermore, the technical provisions regarding merger notification are regulated in Government Regulation …
Transplantasi Hukum Prinsip National Treatment Dalam Undang-Undang Penanaman Modal Indonesia, Desky Setiawan
Transplantasi Hukum Prinsip National Treatment Dalam Undang-Undang Penanaman Modal Indonesia, Desky Setiawan
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Foreign investment is one of the important elements of development for developing countries. Indonesia as a developing country needs to make efforts to pull foreign investment into the country. One of the efforts is by transplanting international legal principles aimed at foreign investor protection, such as National Treatment Principle which gives protection to the foreign shareholder by providing the same treatment to the foreign investor and domestic investor, therefore, creating a level playing field for business in the country for foreign and domestic investors alike. The legal transplant of international legal principles must also consider the existing legal rules and …
Menjaga Netralitas Pegawai Aparatur Sipil Negara, Delima Sianipar
Menjaga Netralitas Pegawai Aparatur Sipil Negara, Delima Sianipar
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The national purposes as stated in the 4th paragraph of the Preamble of the Constitution of the Republic of Indonesia year 1945 are to protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation’s intellectual life,and to contribute to the implementation of a world order based on freedom, lasting peace and social justice. To achieve those purposes, the state needs civil servants that are professional, independent from political intervention, practices of corruption, collusion and nepotism, have capability to perform public services for the people and capable of …
Implication Of Regional Tax Regulation For The Investment Climate And Its Relation With Omnibus Bill On Taxation, Debora Kristina Doloksaribu
Implication Of Regional Tax Regulation For The Investment Climate And Its Relation With Omnibus Bill On Taxation, Debora Kristina Doloksaribu
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The granting of autonomy to the regions is intended to provide democratic space and public participation. Legal certainty in the administration of regional government specifically related to taxes is very crucial, specifically for economic development, as it affects the investment climate. Any discrepancy between regional and central policies is seen as an obstacle in optimizing investment performance in the regions. The Government has proposed a Bill on General Provisions and Tax Facilities for Strengthening the Economy or also known as the Omnibus Bill on Taxation which regulates, among other things, regional tax and regional levy. One of principal arrangements in …
Analisis Perlindungan Hukum Rahasia Dagang Menurut Undang-Undang Rahasia Dagang Di Indonesia Dan Amerika Serikat, Chairinaya Nizliandry
Analisis Perlindungan Hukum Rahasia Dagang Menurut Undang-Undang Rahasia Dagang Di Indonesia Dan Amerika Serikat, Chairinaya Nizliandry
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Rapid economic growth encouraged tighter competition so that business doers can survive in its industry. In their efforts to survive in its industry, a handful of rogue business doers have justified various methods, including violating intellectual property rights. That is what the owner of CV Tiga Putra Berlian did. However, not in line with the Trade Secret Law, the District Court Judge in this case decided to release him. If he adheres to the trade secret law in Indonesia, the act must be deemed to have fulfilled the elements of a trade secret violation by law and must be punished …
Politik Hukum Pengambilalihan Flight Information Region (Fir) Dari Singapura, Canris Bahri P.S
Politik Hukum Pengambilalihan Flight Information Region (Fir) Dari Singapura, Canris Bahri P.S
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Sovereignty is one of the conditions for the establishment of a country, the sovereignty of the state is the full and highest power in a country to regulate its entire territory which includes land, water and air space above it without interference from the governments of other countries. State sovereignty in airspace based on the 1944 Chicago convention on International Civil Aviation is "Complete" and "Exclusive". Recognition of the Archipelago's Sovereignty based on the 1982 International Convention on the Law of the Sea (UNCLOS) also includes the air space above it. However, there are problems that arise in the implementation …
Jaminan Keamanan Data Pribadi Warga Negara Dalam Penyelenggaraan Urusan Pemerintahan Berbasis Elektronik (E-Government), Bunga Asoka Iswandari
Jaminan Keamanan Data Pribadi Warga Negara Dalam Penyelenggaraan Urusan Pemerintahan Berbasis Elektronik (E-Government), Bunga Asoka Iswandari
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Indonesia has now entered the industrial revolution 4.0 which has introduced many work system procedures and procedures that use technology. Technology is here to make it easier for humans to complete all work quickly and efficiently. Technology is also present in the government system in Indonesia. The growth and development of technology in Indonesia provides a great opportunity for the bureaucracy to be able to carry out reforms to deal with bureaucratic weaknesses so far. To make the implementation of the bureaucracy in Indonesia efficient and optimal with the help of technology, the government implements an electronic-based government system, also …
Politik Hukum Pembentukan Peraturan Perundang-Undangan Keuangan Syariah Di Indonesia, Budiman Budiman
Politik Hukum Pembentukan Peraturan Perundang-Undangan Keuangan Syariah Di Indonesia, Budiman Budiman
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Since ennacted of Law Number 10 Year 1998 concerning Amendment of Law Number 7 Year 1992 concerning Banking, which regulates banking activities based on sharia principles, the new era of growth of regulations in the financial services sector, not just in the banking sector, but also in the field of non-bank financial services. The enactment of Islamic financial laws and regulations takes place rapidly from year to year. The legal policy of establishment laws and regulations in the field of Islamic financial services is to make Islamic law in the field of financial services become a positive norm so that …
Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S
Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …
Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin
Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The use of electronic money shows positive developments, but is not accompanied by the development of regulations that provide legal protection to its users, especially with regard to the loss of electronic money. The problem in this study is how the legal protection for electronic money deposits and how the form of protection for electronic money deposits in the future so as to ensure the safe use of electronic money. This study uses a normative juridical method, using secondary data and using qualitative data analysis methods. The results of the study stated that the IDIC does not have the authority …
Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar
Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This study discusses the politics of mining law in the implementation of the obligation to process and purify minerals and coal to improve the quality of minerals and coal in Indonesia. The research focuses on the legal politics that occur in the implementation obligations in developing mineral and coal processing and refining in the country to improve the quality of minerals and coal before being exported abroad. This study also discusses the paradigm of mining regulations in processing and refining since the mining law in post-independence to reformation. The results of this study indicate that there are still problems in …
Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi
Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
As a natural resource that can be renewed and is an unlimited energy, water has an important role in meeting the daily needs of humans and other living things, without water there would be no life. The presence of the state in managing water resources for the greatest welfare of the people is a manifestation of the state's control over water resources as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is the state's obligation to fulfill the people's rights to water. In fulfilling the need for clean water for all its …
No.52 - December 2022, Center Of Civil Law Studies
No.52 - December 2022, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer
A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer
American Indian Law Journal
There are hundreds of Native American Tribes with their own judicial systems and courts. Under the test first established in Montana v. United States, the Supreme Court of the United States has provided a single, nebulous standard for determining the limits of tribal courts’ jurisdiction over non-Indians. Scholars and federal jurists have long assumed that the Supreme Court's framework limiting tribal civil jurisdiction is essential to how tribal courts determine jurisdiction. This paper challenges that assumption. Through a first of its kind survey of tribal court decisions on civil jurisdiction, spanning 26 tribes and covering 71 decisions, this paper …
Civil Liability For Damage Resulting From Genetically Modified Organisms (Gmos): A Comparative Study, Dr. Abdul-Rahman Mohamed Salem
Civil Liability For Damage Resulting From Genetically Modified Organisms (Gmos): A Comparative Study, Dr. Abdul-Rahman Mohamed Salem
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The most serious damage to human and other living organisms at present is the damage of genetically modified organisms, where they can eventually be used as weapons of mass destruction in the form of a bacteriological war that destroys human civilization, we will present the problem in terms of: Identification of genetically modified organisms by determining their scope, and to identify the aspects of the damage resulting from them, and how to compensate each type of species, whether it is related to plant, animal, human or the environment. We then present the legal basis for civil liability resulting from damage …
Abuse In Directing The Decisive Oath In The Palestinian Evidence Law: A Comparative Study In The Light Of Judicial Rulings, Mahmoud A. Salameh Dr., Ibrahim Yahya
Abuse In Directing The Decisive Oath In The Palestinian Evidence Law: A Comparative Study In The Light Of Judicial Rulings, Mahmoud A. Salameh Dr., Ibrahim Yahya
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
This study deals with the main axes of arbitrariness in the decisive oath. The first section sought to define the scope that governs the arbitrariness of directing the oath by discussing the views that called for the failure of the oath conditions as arbitrariness, and to conclude that the general theory of arbitrariness is the most appropriate scope that expands To include many cases of arbitrariness by explaining the theory of arbitrariness according to the Majalla, because it expresses the concept of arbitrariness in the oath more accurately. Additionally, it was concluded that the judiciary supervision of arbitrariness in directing …
The Principle Of Resulting Trust Under The English And Sudanese Legislations: A Comparative Study, Hafiz Jaafar Ibrahim Dr.
The Principle Of Resulting Trust Under The English And Sudanese Legislations: A Comparative Study, Hafiz Jaafar Ibrahim Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
This study sheds light on the subject of the resulting trust and its role in restoring the title of real property by reviewing the legal principles and jurisprudence of Anglo-Saxon system, for which English law is basis. The problem of this study focused on the nominal registration of a property in the name of a person, the legal system recognizes the ownership of the person whose name appears as registered owner of the real estate. Not surprisingly, the real estate registry record is considered an inclusive evidence for what it includes, and it is not permissible for all challenge it …
The Claim Against Principal Debtor Before Payment Of The Debt Guaranteed Under The Jordanian Civil Law: Justice To Be Reviewed, Yousef Mohammad Obaidat
The Claim Against Principal Debtor Before Payment Of The Debt Guaranteed Under The Jordanian Civil Law: Justice To Be Reviewed, Yousef Mohammad Obaidat
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
This study dealt with the claim against principal debtor before payment of the debt guaranteed, due to the importance of this claim and its impact on developing and improving the credit process. The personal Surety Contract is the way by which the creditor resorts to minimize its risk, i.e. to secure the repayment of a loan if the debtor defaults. For the Guarantor to sign surety contract, it was necessary to provide him a mean to guarantee his right. For this reason, the claim against principal debtor before payment of the debt guaranteed was the effective method to do so. …
Tort Liability Resulting From The Infringement Of The Rights Of Others Using The Internet: A Comparative Study Between Emirati Law And French Law, Sinan Al Shattnawi Dr.
Tort Liability Resulting From The Infringement Of The Rights Of Others Using The Internet: A Comparative Study Between Emirati Law And French Law, Sinan Al Shattnawi Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
Tort Liability resulting from the infringement of the rights of others by using the Internet under UAE and French law (Comparative study)
We note that the principles of law, including the rules of civil transaction law and many other laws on information technology, play a central role in the establishment of a legal framework of civil liability and the protection of Internet users, whether as suppliers or Internet users, with regard to information and the use of public and private sites and the violation of intellectual property rights on the Internet. As we know that the legislation has put a …
Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo
Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo
Articles & Book Chapters
No abstract provided.
English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo
English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo
Articles & Book Chapters
No abstract provided.
The Roles Of The Creditor And Debtor In The Settlement Process Of The Debtor's Financial Obligations Under The Debtor's Insolvency Law No. 19 Of 2019, Pierre Mallet Dr.
The Roles Of The Creditor And Debtor In The Settlement Process Of The Debtor's Financial Obligations Under The Debtor's Insolvency Law No. 19 Of 2019, Pierre Mallet Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The UAE Cabinet approved a federal law to regulate cases of insolvency of natural persons or individuals. In 2016, the UAE government had adopted a similar insolvency law for companies which was widely welcomed by businesses and financial institutions. The legal framework for insolvency for both companies and individuals are expected to improve the competitiveness and the ease of doing business of the UAE. Debt restructuring for individuals under legal protection is widely seen as a great step forward in helping those who are unable to pay their debts from going bankrupt. “The approval of a new federal law to …