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2020

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Full-Text Articles in Law

Functional Statehood In Contemporary International Law, William Thomas Worster Dec 2020

Functional Statehood In Contemporary International Law, William Thomas Worster

Brooklyn Journal of International Law

The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …


Pemberlakuan Sistem Satu Orang Satu Suara (One Man One Vote) Dalam Pemilihan Pengurus Dan Pengawas Perhimpunan Pemilik Dan Penghuni Satuan Rumah Susun, Jerry Stevenson, Mella Ismelina F. R. Dec 2020

Pemberlakuan Sistem Satu Orang Satu Suara (One Man One Vote) Dalam Pemilihan Pengurus Dan Pengawas Perhimpunan Pemilik Dan Penghuni Satuan Rumah Susun, Jerry Stevenson, Mella Ismelina F. R.

Jurnal Hukum & Pembangunan

Article 19 Regulation of the Minister of Public Works and Public Housing Number 23 / PRT / M / 2018 concerning the Association of Owners and Occupants of Apartment Units enforces the election of Management and Supervisors of the Association of Apartment Owners and Residents of Apartment Units only by the most votes (without prioritizing deliberation) and with one person one vote system, and with conditions that only the Owner can fulfill. Thus it can be agreed that the election of Management and Supervisors of the Association of Owners and Occupants of Apartment Units is a voting right. The purpose …


Bisnis Dan Hak Asasi Manusia Di Indonesia: Membangun Konteks Dengan Lensa Pencegahan Kekejaman Massal, Harison Citrawan Dec 2020

Bisnis Dan Hak Asasi Manusia Di Indonesia: Membangun Konteks Dengan Lensa Pencegahan Kekejaman Massal, Harison Citrawan

Jurnal Hukum & Pembangunan

Some efforts to contextualize the United Nations Guiding Principles on Business and Human Rights in Indonesia have been dominated by normative compliance review on the existing national regulations to the norms enshrined under the Principles. This article shall be divided into three parts, commencing from a brief socio-historical description on the landscape of law and development in Indonesia; along with how law and human rights adapted towards the relation between state and corporation since the colonial era. The analysis shall proceed to the types of human rights violation as a result of corporations activities, specifically in natural resource extraction sector. …


Delik Politik Dalam Hukum Pidana Indonesia, David Hardiago Dec 2020

Delik Politik Dalam Hukum Pidana Indonesia, David Hardiago

Jurnal Hukum & Pembangunan

According to Indonesian penal law, an act is considered to be a criminal act based on the principle of legality. Problem arise when political crime is associated with the principle of legality, that said problem is related to the definition of political crime that is not stipulated in any of statutory provisions and/or regulations in Indonesia. This legal research aims to answer two legal problems raised by the Author, those are: Firstly, to determine the parameter of political crime in Indonesia. Secondly, to elaborate on the projection on how political crime should be stipulated in the future. The research in …


Problematika Pengaturan Mengenai Bentuk Badan Usaha Jasa Penunjang Tenaga Listrik Di Indonesia, Vioxcy Ananta Putra, Eny Sulistyowati, Muh Ali Masnun Dec 2020

Problematika Pengaturan Mengenai Bentuk Badan Usaha Jasa Penunjang Tenaga Listrik Di Indonesia, Vioxcy Ananta Putra, Eny Sulistyowati, Muh Ali Masnun

Jurnal Hukum & Pembangunan

Legal development electricity growing rapidly as evidenced by the amount of law and regulations produced by both legislative and executive that govern all aspects about electricity that resulting in regulatory inflation in electricity law. The consequences of regulatory inflation in electricity law is the potential for legal unsynchronization between law and regulations in electricity sector. One of the potential for legal unsynchronization in the electricity sector is the regulation regarding the scope and form of business entities supporting electricity power in Law of the Republic of Indonesia Number 30 of 2009 on Electricity, Regulation of the Goverment of the Republic …


Perizinan Terhadap Adaptasi Bangunan Warisan Budaya Tjan Bian Thiong Di Kota Yogyakarta, M. G. Endang Sumiarni, Y. Sri Pudyatmoko, Yustina Niken Sharaningtyas Dec 2020

Perizinan Terhadap Adaptasi Bangunan Warisan Budaya Tjan Bian Thiong Di Kota Yogyakarta, M. G. Endang Sumiarni, Y. Sri Pudyatmoko, Yustina Niken Sharaningtyas

Jurnal Hukum & Pembangunan

This study aims to find out and examine licensing for the adaptation of the Bian Thiong Tjan Cultural Heritage Building in the city of Yogyakarta as well as to assess the background of permits granted even though the adaptation of buildings is contrary to the basic principles of preservation of Cultural Heritage Buildings. The results of the study were permits for the adaptation of the Bian Thiong Tjan Cultural Heritage Building in the city of Yogyakarta, not a permit to adapt but to apply for a building permit to establish a new building in the form of a hotel.


Parental Responsibility Of Children Crime In Indonesian Criminal Adat Law, Ahmad Irzal Fardiansyah, Sigid Suseno, Mien Rukmini, Lies Sulistiani Dec 2020

Parental Responsibility Of Children Crime In Indonesian Criminal Adat Law, Ahmad Irzal Fardiansyah, Sigid Suseno, Mien Rukmini, Lies Sulistiani

Jurnal Hukum & Pembangunan

Children who are in conflict with the law cannot be separated from the responsibilities of parents as the first party in the childs environment. The relationship between parents and children is a harmonized relationship from a strong emotional connection on the basis of blood relations. This situation makes parents unable to release and be released responsibility for their childrens behavior. When children are faced with the law, policies to take over the responsibility of supervising children from parents, by denying that parents actually have the opportunity to deal with the problems of children who are dealing with the law are …


Status Kepemilikan Dan Pemanfaatan Tanah Grondkaart Di Stasiun Depok Baru, Lenteng Agung, Dan Tanjung Barat, Sulistiowati Sulistiowati, Nurhasan Ismail, Taufiq El Rahman Dec 2020

Status Kepemilikan Dan Pemanfaatan Tanah Grondkaart Di Stasiun Depok Baru, Lenteng Agung, Dan Tanjung Barat, Sulistiowati Sulistiowati, Nurhasan Ismail, Taufiq El Rahman

Jurnal Hukum & Pembangunan

The disputes over land ownership and utilization of Grondkaart for Railway activities between the government and PT KAI should not have occurred due to both having the same vested interest for the state. However, the reality shown that land ownership dan agreement status on land use with the third party. Through the qualitative analysis, the research findings: First, land originating from Grondkaart at the location still belongs to the goverment due to the land still holding the status of the right to use or Hak Pakai during the course of the time the land used by the Government and the …


Perlindungan Data Pribadi Penerima Pinjaman Dalam Transaksi Pinjam Meminjam Uang Berbasis Teknologi Informasi (Peer To Peer Lending), Hendrawan Agusta Dec 2020

Perlindungan Data Pribadi Penerima Pinjaman Dalam Transaksi Pinjam Meminjam Uang Berbasis Teknologi Informasi (Peer To Peer Lending), Hendrawan Agusta

Jurnal Hukum & Pembangunan

The development of information technology is very rapid, the collaboration between information technology and various fields of life bring in to various kinds of innovations that make peoples lives easier. Innovations in information technology bring in to new business models which in turn can produce efficiency for the community. The information technology revolution continues to grow and now entering the financial sector which is highly regulated. Collaboration between information technology and finance bring in to Financial Technology (Fintech), which is information technology-based money-lending (Peer to Peer Lending/P2P Lending). It is easier for people to access their financial needs through P2P …


Peran Pemerintah Dalam Menginventarisasi Ekspresi Budaya Tradisional Indonesia, Andhika Putra Herzani Dec 2020

Peran Pemerintah Dalam Menginventarisasi Ekspresi Budaya Tradisional Indonesia, Andhika Putra Herzani

Jurnal Hukum & Pembangunan

The development of an increasingly advanced era, the expression of traditional culture (EBT) is vulnerable to exploitation by other parties due to the lack of awareness of the importance of the assets of intellectual works and is not well documented or documented EBT. Inventory is one of the Defensive Protection steps, a step taken by building an accurate database and inventory, registration or recording that must be played by the State. Preventive protection needs to be recorded or an inventory of Indonesias traditional culture to prevent cases of cultural claim by other countries which would certainly harm the Indonesian nation …


Pemanfaatan Teknologi Cloud Computing Dalam Reformasi Birokrasi Guna Mewujudkan Kejaksaan Yang Profesional, Komunikatif Dan Akuntabel, Rudi Pradisetia Sudirdja Dec 2020

Pemanfaatan Teknologi Cloud Computing Dalam Reformasi Birokrasi Guna Mewujudkan Kejaksaan Yang Profesional, Komunikatif Dan Akuntabel, Rudi Pradisetia Sudirdja

Jurnal Hukum & Pembangunan

Cloud computing is so populer and it has become a hot word in the tech world, especially in the era of industrial revolution 4.0 which requires speed, accuracy and precision in the business process. Cloud computing is a combination of the use of computer technology (computing) and Internet-based development (cloud), resulting in a model of processing activities, storage, software and other services provided as an integrated virtual source on an internet network. This paper examines the use of cloud computing in the implementation of bureaucratic reforms, improving the quality of prosecutors professionalism, and providing communicative and accountable public prosecutors. The …


Upah Proses Dalam Pemutusan Hubungan Kerja, Fitriana Gunadi Dec 2020

Upah Proses Dalam Pemutusan Hubungan Kerja, Fitriana Gunadi

Jurnal Hukum & Pembangunan

Wages is one of the elements in the employment relationship between an employer and a worker/employee based on the employment agreement. In accordance with the fundamental principle that is basically applicable to every workers/employees, wages will not be paid by employers if the workers/employees do not perform work (no work no pay). However in its development, there is an issue in the application of such principle since the ruling of the Decision of the Constitutional Court of Republic of Indonesia, which obliges employers to pay the wages to workers/employees who do not work because they are in the process of …


Sistem Manajemen Mutu Pltn Dari Perspektif Regulasi Di Indonesia Dan Standar Yang Berlaku, Fery Putrawan Cusmanri Dec 2020

Sistem Manajemen Mutu Pltn Dari Perspektif Regulasi Di Indonesia Dan Standar Yang Berlaku, Fery Putrawan Cusmanri

Jurnal Hukum & Pembangunan

Investment in the construction of nuclear power plants is an interesting investment. This is indicated by the emergence of investment plans for the construction of nuclear power plants in Indonesia. Communities and industries that make electricity a primary need will certainly welcome the potential energy offered by nuclear power plants. However, on the other hand the quality of NPP energy services must of course be maximized. This paper was made to provide a brief description of the management system requirements that need to be met by the NPP permit applicant along with additional best practices from the ISO 9001: 2015 …


The Transparency Principle In Regional Development Banks To Implement Good Corporate Governance: A Case Study On Pt Bank Pembangunan Daerah Jawa Timur Tbk, Citranella Ramadhani Yuwana, Yetty Komalasari Dewi Dec 2020

The Transparency Principle In Regional Development Banks To Implement Good Corporate Governance: A Case Study On Pt Bank Pembangunan Daerah Jawa Timur Tbk, Citranella Ramadhani Yuwana, Yetty Komalasari Dewi

Jurnal Hukum & Pembangunan

This paper discusses the obligation of Regional Development Bank (RDB) as a Regionally-Owned Enterprises (ROE) to implement Good Corporate Governance (GCG). In particular, this paper analyzes the forms of transparency principle in RDB, specifically in PT Bank Pembangunan Daerah Jawa Timur Tbk (Bank Jatim) according to existing regulations. By using legal normative method, this paper concludes that the forms of transparency principle on RDB is divided into three parts, namely preparing reports, publishing them, and ensuring that they are publicly accessible. There are at least 8 (eight) forms of transparency principle implementation, namely monthly publication report, quarterly publication report, annual …


Rekonstruksi Sistem Peradilan Pidana Korupsi Dalam Rangka Menunjang Pembangunan Nasional, Maroni Maroni, Rini Fathonah, Nenny Dwi Ariani, Mashuril Anwar Dec 2020

Rekonstruksi Sistem Peradilan Pidana Korupsi Dalam Rangka Menunjang Pembangunan Nasional, Maroni Maroni, Rini Fathonah, Nenny Dwi Ariani, Mashuril Anwar

Jurnal Hukum & Pembangunan

The extent of the working area of the Regional District Court is equal to the provincial administration area consisting of Regency/city, while its position is in the provincial capital. This condition raises the legal gap in the eradication of corruption crimes, because on the one hand so the extent of the working area of the Court of Tipikor, causing many things corruption to be held, on the side will also require a large cost and a lot of judges power, and ideally will take a long time in the process of examination of a case. The study used qualitative research …


Interpretasi Konstitusi Dalam Pengujian Konstitusionalitas Untuk Mewujudkan The Living Constitution, Fakhris Lutfianto Hapsoro, Ismail Ismail Dec 2020

Interpretasi Konstitusi Dalam Pengujian Konstitusionalitas Untuk Mewujudkan The Living Constitution, Fakhris Lutfianto Hapsoro, Ismail Ismail

Jurnal Hukum & Pembangunan

The constitutional authority granted to the Constitutional Court by Article 24C paragraph (1) in the third amendment to the 1945 Constitution in the test of constitutional law against the constitution provides automatically over authority in giving the interpretation of the 1945 Constitution to the Constitutional Court. Associated with the interpretation of the constitution, then a constitution is not only considered to be a documented constitution but can be transformed into the living constitution. In practice in Indonesia, it can be found the decisions of the Constitutional Court who use constitutional interpretation to assess the constitutionality of a norm as in …


Karakteristik Pertanggungjawaban Kepala Daerah Dalam Penyelenggaraan Pemerintahan Daerah Menurut Sistem Pemerintahan Presidensial, Bachrul Amiq Dec 2020

Karakteristik Pertanggungjawaban Kepala Daerah Dalam Penyelenggaraan Pemerintahan Daerah Menurut Sistem Pemerintahan Presidensial, Bachrul Amiq

Jurnal Hukum & Pembangunan

Since the beginning of the formation of the constitution for an independent Indonesia by the founders of the state, the state government system adopted is a presidential system. After the amendment to the 1945 Constitution, the perpetrators of the changes, namely the Peoples Consultative Assembly (MPR) wanted to emphasize that the 1945 Constitution of the Republic of Indonesia adhered to a pure presidential system by upholding the supremacy of the constitution, so that the executive as government administrator was responsible to the constitution. This must be in line with the implementation of local government. However, it is not explained what …


Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley Dec 2020

Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley

The Arkansas Journal of Social Change and Public Service

No abstract provided.


Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel Dec 2020

Rehabilitative Justice: The Effectiveness Of Healing To Wellness, Opioid Intervention, And Drug Courts, Majidah M. Cochran, Christine L. Kettel

American Indian Law Journal

No abstract provided.


Default Culpability Requirements: The Model Penal Code And Beyond, Scott England Dec 2020

Default Culpability Requirements: The Model Penal Code And Beyond, Scott England

Faculty Scholarship

This Article examines section 2.02(3) of the Model Penal Code, both as proposed by the ALI and as modified by MPC states, and recommends new default culpability rules to replace it.

The Model Penal Code’s default culpability provision, Section 2.02(3), plays a central but often overlooked role in the Code’s celebrated culpability scheme. Section 2.02(3) “reads in” a requirement of recklessness when an offense is silent about the mental state required for an offense element. The provision has profound implications for criminal law because thousands of state offenses fail to prescribe culpability requirements. Without a default culpability rule like Section …


A Quiet War: The Judiciary's Steady And Unspoken Effort To Limit Felony-Murder, Maggie Davis Dec 2020

A Quiet War: The Judiciary's Steady And Unspoken Effort To Limit Felony-Murder, Maggie Davis

Arkansas Law Review

On a Wednesday afternoon a sixteen-year-old boy is hanging out after school with four of his friends. He is your average sixteen-year-old; he has a girlfriend who works at Wendy’s, and his current worry is about passing his driving test. He smokes some weed from time to time with his friends, but he has a clean criminal record. After complaining about being broke and deciding they have nothing better to do, the five friends elect to break into a seemingly vacant home in order to steal some items for resale. He is already thinking about what he will buy with …


Mayoral Candidates Scott Stringer, Eric Adams Travel Different Roads On Police Reform, Ryan Songalia Dec 2020

Mayoral Candidates Scott Stringer, Eric Adams Travel Different Roads On Police Reform, Ryan Songalia

Capstones

Police reform is likely to be among the most consequential issues in the 2021 New York City Mayoral Democratic Primary and general election. Two of the leading candidates, Eric Adams and Scott Stringer, have long records to dissect on the issue.


Law Enforcement’S Use Of Facial Recognition Software In United States Cities, Samantha Jean Wunschel Dec 2020

Law Enforcement’S Use Of Facial Recognition Software In United States Cities, Samantha Jean Wunschel

Honors Program Theses and Projects

Facial recognition software is something we use every day, whether it’s a suggested tag on our Facebook post or a faster way to unlock our phones. As technology becomes increasingly pervasive in our lives, law enforcement has adapted to utilize the new tools available in accessory to their investigations and the legal process.


Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden Dec 2020

Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Fraudulently Induced Confessions, Michael J. Zydney Mannheimer Dec 2020

Fraudulently Induced Confessions, Michael J. Zydney Mannheimer

Notre Dame Law Review

The jurisprudence on the use of police deception during interrogations is singularly unhelpful. Police may deceive in order to induce a suspect to confess, the courts tell us, unless they go too far. Police are permitted, for example, to feign sympathy for the suspect, lie about the existence of incriminating evidence, and falsely downplay the seriousness of the offense under investigation. But when police engage in other forms of deception, such as by offering false promises of leniency or misrepresenting the suspect’s Miranda rights, courts will balk and declare the resulting confession coerced. Yet neither courts nor commentators have successfully …


The Problem Of Foreign Convictions In U.S. Immigration Law, Geoff Cebula Dec 2020

The Problem Of Foreign Convictions In U.S. Immigration Law, Geoff Cebula

Notre Dame Law Review

Part I argues that the definition of “conviction” in the INA implicitly leaves room for courts to inquire into the procedural fairness underlying a foreign conviction. Part II surveys the traditional standards for evaluating the sufficiency of foreign convictions in the contexts of extradition and international comity, two areas where U.S. courts have had to decide when to honor foreign judgments for centuries. These longstanding criteria formed the background against which the INA definition was adopted and may provide guidance on how to apply this definition. Accordingly, Part III derives from this analysis suggestions for how the Department of State …


When Clemency Is A Lifeline, Shehzil Zahid Dec 2020

When Clemency Is A Lifeline, Shehzil Zahid

Capstones

In 1982, Yohannes Johnson was convicted for the murder of Errol Blackwood. He has spent the last 40 years behind bars and today, he is seeking clemency. This is a profile on potential clemency recipient Yohannes Johnson.


In New York’S Prison System, Who Is Eligible For A Second Chance?, Jackie Harris Dec 2020

In New York’S Prison System, Who Is Eligible For A Second Chance?, Jackie Harris

Capstones

Robert "Bobby" Ehrenberg is 61 years old, and he is serving a 50 years to life sentence at Sullivan Correctional Facility for murdering Silvio Goldberg, a jewelry store owner, in 1992. After decades of "self-examination, education, and rehabilitative programs," Ehrenberg applied for clemency in 2020. In the audio portion, we hear who he was before incarceration and what factors led up to the murder he committed. The other multimedia display the clemency application components, incarceration population data and upcoming state legislation that could impact Ehrenberg’s sentence.


Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann Dec 2020

Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann

Scholarly Works

The eye cannot help but be drawn to the cover of Justice as Message, the new analysis by Carsten Stahn of, to quote the subtitle, Expressivist Foundations of International Criminal Justice. On the high-gloss paper jacket we see a tableau of blacks and browns and olive drab, accented only by the purple of a lawyer’s robe and the teal of a dossier perched on the bar behind him. In front, we see that the bench is buried in paper – paper that turns to ashes as the back wall gives way to a vision of buildings in ruin …


Autonomous Cyber Weapons And Command Responsibility, Russell Buchan, Nicholas Tsagourias Dec 2020

Autonomous Cyber Weapons And Command Responsibility, Russell Buchan, Nicholas Tsagourias

International Law Studies

Autonomous cyber weapons have made their way onto the battlefield, raising the question of whether commanders can be held criminally responsible under command responsibility when war crimes are committed. The doctrine of command responsibility has a long history in international criminal law and comprises three core elements: the existence of a superior-subordinate relationship, the commander’s knowledge of the crime, and the commander’s failure to prevent or repress the subordinate’s criminal actions. This article unpacks the content of these elements and applies them to autonomous cyber weapons by treating them as being analogous to soldiers since they operate within an organized …