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2018

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Articles 241 - 270 of 13591

Full-Text Articles in Law

Ancaman Pidana Bagi Intellectuel Dader Black Campaign: Studi Putusan Nomor 17/Pid.Sus/2014/Pn.Bul, Rafli Fadilah Achmad Dec 2018

Ancaman Pidana Bagi Intellectuel Dader Black Campaign: Studi Putusan Nomor 17/Pid.Sus/2014/Pn.Bul, Rafli Fadilah Achmad

Jurnal Hukum & Pembangunan

Black Campaign is a prohibited campaign method conducted based on agitation, slander, pit fighting, lies or hoaxes. The vast growth of social media platform has emerged as a distinct challenge in Black Campaign eradication. The popular form of Black Campaign nowadays constitutes reality bending photo and video editing, candidate discussing a fake issue, whatsapp broadcasting, hoax news creation and distribution, and fake polls. As such, Black Campaign law enforcement in the end that focuses not only on the strafbaarfeit element but also narrowing to the intellectuele dader element. Black Campaign regulation has been administrated in several regulation concerning Election in …

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Wacana Pemerintah Untuk Mereposisi Kelembagaan Inspektorat: Tindak Lanjut, Tanggapan, Serta Inisiasi Kedepan, Richo A. Wibowo, Mailinda E. Yuniza, Rizky S. Widyaningtyas, Hendry Julian Noor Dec 2018

Wacana Pemerintah Untuk Mereposisi Kelembagaan Inspektorat: Tindak Lanjut, Tanggapan, Serta Inisiasi Kedepan, Richo A. Wibowo, Mailinda E. Yuniza, Rizky S. Widyaningtyas, Hendry Julian Noor

Jurnal Hukum & Pembangunan

This research aims (i) to elaborate about a central government plan on repositioning the structure of inspectorate; (ii) to explain responses of some inspectorate officers regarding the plan; and (iii) to provide suggestions on the adjustment plan that should be taken into consideration by the central government. This research found that, different with the public perception, the plan is not intended to reposition all the inspectorates, rather to inspectorates attached to local governments. These inspectorates are designed to be what the-called ‘kuasi vertical institution’. Meaning, it has a mixed character of both central and local government institution. This initiation increases …

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Hubungan Hukum Pedagang Perantara Dan Pelaku Usaha Dalam Bisnis Perikanan Nasional, Nur Sulistyo Budi Ambarini, Tito Sofyan, Edra Satmaidi Dec 2018

Hubungan Hukum Pedagang Perantara Dan Pelaku Usaha Dalam Bisnis Perikanan Nasional, Nur Sulistyo Budi Ambarini, Tito Sofyan, Edra Satmaidi

Jurnal Hukum & Pembangunan

This paper is part of non-doctrinal legal research using socio-legal research approach. The role of intermediary traders in the fishing business is very important. One side as an intermediary and on the other hand provides capital to fishermen and / or fish processors. The relationship creates an imbalance seen from the perspective of contract law because the position of intermediary traders as the owner of capital is stronger, so the balance principle among the parties can not met. In practice from the perspective of local law it is not an imbalance because the contribution of intermediary traders is not only …

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Perbedaan Penerapan Derivative Action Di Indonesia Sebagai Negara Civil Law Dibandingkan Dengan Negara-Negara Penganut Sistem Hukum Common Law (Studi Putusan Perdata Nomor 02/Pdt.G/2010/Pn.Jkt.Sel), Shofia Shobah Dec 2018

Perbedaan Penerapan Derivative Action Di Indonesia Sebagai Negara Civil Law Dibandingkan Dengan Negara-Negara Penganut Sistem Hukum Common Law (Studi Putusan Perdata Nomor 02/Pdt.G/2010/Pn.Jkt.Sel), Shofia Shobah

Jurnal Hukum & Pembangunan

The protection of minority shareholders within the company is one importance thing given the likelihood of their rights being violated by the actions of the board of directors. In the concept of the company, shareholders are passive parties who do not participate in the management of the company, thus causing the shareholders vulnerable to deviations. The rights of the company's shareholders are very important for the concept of Corporate Governance. Shareholders are not corporate organs because the company's organs are General Meeting of Shareholders (GMS). The Board of Directors may decide to run the company as long as it does …

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Polemik Pengaturan Kepemilikan Data Pribadi: Urgensi Untuk Harmonisasi Dan Reformasi Hukum Di Indonesia, Setyawati Fitri Anggraeni Dec 2018

Polemik Pengaturan Kepemilikan Data Pribadi: Urgensi Untuk Harmonisasi Dan Reformasi Hukum Di Indonesia, Setyawati Fitri Anggraeni

Jurnal Hukum & Pembangunan

Big data is the large volume of data available in information traffic and is considered to have economic value in the present. The data is collected, stored, and sometimes analyzed for the purpose of providing economic benefits to certain organizations. As individuals who provide the data to an organization, we believe that the data will be protected and kept confidential. However, the reality is sometimes different. Laws and regulations that specifically regulate the collection, storage, publication and protection of personal data very needed. This paper will discuss the legal framework for personal data and their protection in Indonesia. At the …

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Penyelesaian Sengketa Konsumen Akibat Perjanjian Baku Dan Klausula Baku Pasca Keberlakuan Undang-Undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan, A. Dwi Rachmanto Dec 2018

Penyelesaian Sengketa Konsumen Akibat Perjanjian Baku Dan Klausula Baku Pasca Keberlakuan Undang-Undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan, A. Dwi Rachmanto

Jurnal Hukum & Pembangunan

After the enactment of Act Number 11 of 2011 concerning the Financial Services Authority (UUOJK), there are 2 (two) of law that regulate the settlement of disputes between business actors and consumers. First, Act Number 8 of 1999 concerning Consumer Protection (UUPK), and the second Act Number 11 of 2011 concerning the Financial Services Authority (UUOJK). This paper will discuss and analyze the resolution of disputes between business actors and consumers after the enactment of Act Number 11 of 2011 concerning the Financial Services Authority by using jurudical normative/dogmatic approach. In the end of the article a number of conclusions …

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Penerapan Saksi Pidana Korporasi Pada Bank Dan Implikasinya, Yudha Ramelan Dec 2018

Penerapan Saksi Pidana Korporasi Pada Bank Dan Implikasinya, Yudha Ramelan

Jurnal Hukum & Pembangunan

A criminal act by corporation is criminal offense that can be asked for criminal liability to the corporation in accordance with the laws and regulations concerning the corporation. Corporation can be punished to pay fine penalties and other additional penalties such as dissolution or revocation of business licenses. As a trust-based financial institution, if a bank commits a crime, the impact caused by the crime is not only detrimental to the bank itself, damages the reputation of the bank but also harms the community of depositors and other parties responsible for handling bank resolutions. Looking at the impact, the application …

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Peran Pemerintah Daerah Dalam Pelaksanaan Pemerintahan Yang Baik (Good Governance) Dibidang Pembinaan Dan Pengawasan Indikasi Geografis, M. Rendi Aridhayandi Dec 2018

Peran Pemerintah Daerah Dalam Pelaksanaan Pemerintahan Yang Baik (Good Governance) Dibidang Pembinaan Dan Pengawasan Indikasi Geografis, M. Rendi Aridhayandi

Jurnal Hukum & Pembangunan

The Regional Government is the regional head as an element of the Regional Government organizing the execution of government affairs which is the authority of the autonomous regions. In the implementation of government affairs must implement the principles of good governance. One of the roles of Regional Government is in the field of guidance and supervision of Geographical Indication in accordance with the mandate of Articles 70 and 71 Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis. This is important in legal protection of products that are characterized by the geographic area of a region, only in the …

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Urgensi Bantuan Hukum Relawan Pendamping, Pekerja Sosial Dan Serikat Buruh Setelah Putusan Ma No. 22 P/Hum/ 2018, Jorawati Simarmata Dec 2018

Urgensi Bantuan Hukum Relawan Pendamping, Pekerja Sosial Dan Serikat Buruh Setelah Putusan Ma No. 22 P/Hum/ 2018, Jorawati Simarmata

Jurnal Hukum & Pembangunan

The Supreme Court Decision No.22 P / HAM / 2018 has canceled Permenkumham Number 1 Year 2018 because it contradicts Law Number 18 Year 2003. However, there are several implementations and provisions of the Law that show the urgency of paralegal functions. The urgency of the paralegal function is shown by the high number of domestic violence cases caused by various aspects of life and the existence of the Domestic Violence Law and The Convention on All Forms of Discrimination Against Women which mandates the need for voluntary assistants function to handle domestic violence problems. Besides that it is proven …

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Pengaruh Konstitusi Berketuhanan Dalam Praktik Ketatanegaraan (Perbandingan Antara Indonesia Dengan Berbagai Negara), Ghunarsa Sujatnika Dec 2018

Pengaruh Konstitusi Berketuhanan Dalam Praktik Ketatanegaraan (Perbandingan Antara Indonesia Dengan Berbagai Negara), Ghunarsa Sujatnika

Jurnal Hukum & Pembangunan

One debate that has been going on for a long time and has not yet been completed is related to the relationship between religion and the state. There are two general opinions on this matter, namely that which separates religion and state life and vice versa argues that religion is an integral part of the life of the state. One way to see how the relationship between God and religion and the state can be seen in the country's constitution, whether the constitution regulates "God" and religion or not. After that, it can be found how the influence of the …

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December 28, 2018: Holiday Travel, Bruce Ledewitz Dec 2018

December 28, 2018: Holiday Travel, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Holiday Travel“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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Aliera Healthcare, Inc., Order Entering Temporary Restraining Order, Alice D. Bonner Dec 2018

Aliera Healthcare, Inc., Order Entering Temporary Restraining Order, Alice D. Bonner

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

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Requiring Human Papilloma Virus Vaccination For School Entry, Michelle J. Bayefsky, Lawrence O. Gostin Dec 2018

Requiring Human Papilloma Virus Vaccination For School Entry, Michelle J. Bayefsky, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Over 40,000 Americans are diagnosed as having HPV-associated cancer each year, including oropharyngeal cancer for men and cervical cancer for women. These diseases cause significant morbidity and mortality and are largely preventable if people are vaccinated against HPV before they are exposed to the virus. Unfortunately, despite strong evidence of safety and effectiveness of the HPV vaccine, vaccination rates have been disappointingly low – much lower than for the varicella, measles, mumps, rubella, and hepatitis B. The disparity in vaccination rates stem mainly from the fact that HPV vaccination is not universally required for school entry, while the other childhood …

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Pharmacy-Based Travel Health Services In The United States, Keri Hurley-Kim, Jeffery Goad, Sheila Seed, Karl M. Hess Dec 2018

Pharmacy-Based Travel Health Services In The United States, Keri Hurley-Kim, Jeffery Goad, Sheila Seed, Karl M. Hess

Pharmacy Faculty Articles and Research

The aim of this paper is to review pharmacy laws and regulations, pharmacist training, clinic considerations, and patient care outcomes regarding pharmacy-based travel health services in the United States. Pharmacists and pharmacies in the United States are highly visible and accessible to the public, and have long been regarded as a source for immunization services. As international travel continues to increase and grow in popularity in this country, there is a pressing need for expanded access to preventative health services, including routine and travel vaccinations, as well as medications for prophylaxis or self-treatment of conditions that may be acquired overseas. …

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In Re: Estate Of Sarge 134 Nev. Adv. Op. 105 (Dec. 27, 2018), Kaila Patrick Dec 2018

In Re: Estate Of Sarge 134 Nev. Adv. Op. 105 (Dec. 27, 2018), Kaila Patrick

Nevada Supreme Court Summaries

The Court overruled the consolidation rule established in Malin v. Farmers Insurance Exchange and held that a final order resolving a consolidated case is immediately appealable as a final judgment, even if the other constituent cases or other cases are still pending. Accordingly, the Court held that the appeal at issue may proceed because the challenged order finally resolved one of multiple consolidated cases.

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Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont Dec 2018

Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont

Nevada Supreme Court Summaries

The Court determined that removing a potential juror on the basis of race is a violation of the Equal Protection Clause and held that the district court erred when it did not find a prima facie showing of race-based discrimination during the jury selection process.

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Harris V. State, 134 Nev. Adv. Op. 107 (Dec. 27, 2018) (En Banc), Yilmaz Turkeri Dec 2018

Harris V. State, 134 Nev. Adv. Op. 107 (Dec. 27, 2018) (En Banc), Yilmaz Turkeri

Nevada Supreme Court Summaries

The Court considered whether the admission of gruesome photographs showing the disfigured bodies of the victims following their deaths and the subsequent autopsies amounted to an abuse of the district court’s discretion. The Court concluded that admission of these photographs was an abuse of the district court’s discretion.

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Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian Dec 2018

Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian

Nevada Supreme Court Summaries

The Court determined that Orth’s counsel violated the golden rule arguments, but opposing party’s substantial rights were not violated. Moreover, the district court’s ruling regarding plaintiff expert’s potential biases did not impose severe limitations on Capanna’s ability to fully cross-examine plaintiff’s expert. Further, the district court did not abuse its discretion when it allowed Orth to supplement expert witness list and the award of attorney fees and costs was within the discretion of the district court. Lastly, Orth lacks standing in challenging the district court’s decision.

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Gonor V. Dale, 134 Nev. Adv. Op. 109 (Dec. 27, 2018) (En Banc), Esteban Hernandez Dec 2018

Gonor V. Dale, 134 Nev. Adv. Op. 109 (Dec. 27, 2018) (En Banc), Esteban Hernandez

Nevada Supreme Court Summaries

The Court found that the 90-day period in which a deceased party’s successor or representative must seek to substitute for the deceased plaintiff begins when a party files a suggestion of death on the record, not on the actual date of death. But, because appellants failed to identify the proper party to maintain the survival action within 90 days, the Court affirmed the district court’s dismissal of the suit with prejudice.

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Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen Dec 2018

Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen

Nevada Supreme Court Summaries

No abstract provided.

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Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev Dec 2018

Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev

Review of law sciences

The article discusses the theoretical basis of implementation of one of the goals of punishment, namely the prevention of crime. It also examines the philosophical and historical assumptions of the definition of the purpose of punishment, and the effectiveness of the modern penal system and practices of their purpose from the point of view of achieving the goal of crime prevention. The attention is focused on the low efficiency of crime prevention on the part of the convicted person (special prevention) on the basis of the indicator of the level of recurrence of crimes. It is stated that the reason …

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Procedural Compulsory Measures In Civil Cases, Z. Esanova Dec 2018

Procedural Compulsory Measures In Civil Cases, Z. Esanova

Review of law sciences

this article studeis procedural coercion in civil proceedings: the basics, procedures, innovations and their types.

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Deprivation Of Parental Rights: Cases And Consequences, M. Baratov Dec 2018

Deprivation Of Parental Rights: Cases And Consequences, M. Baratov

Review of law sciences

the article deals with the conditions of deprivation of parental rights and its legal consequences analyzed with the basis of national legislation.

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Affect (Strong Mental Excitement) As Means Of Legal Structure In A Condition Of Relief And Penalty, K. Khakimov Dec 2018

Affect (Strong Mental Excitement) As Means Of Legal Structure In A Condition Of Relief And Penalty, K. Khakimov

Review of law sciences

The article analyzes the main features and qualification of a crime committed in the heat of passion as provided in the article 98, 106 of Criminal Code of the Republic of Uzbekistan. IT ALSO studies the main principles in understanding the concept of affect and the relation between legal and psychological meaning of affect. The analysis provides specific suggestions for improving the criminal law of the Republic of Uzbekistan.

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Elimination Of The Negative Consequences Of The Technogenic Civilization In Social Life, O. Yuldoshev Dec 2018

Elimination Of The Negative Consequences Of The Technogenic Civilization In Social Life, O. Yuldoshev

Review of law sciences

This article is devoted to the negative consequences of anthropogenic civilizations for social life, their causes and solutions.

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The Regulation Of Fixed-Term Employment Contracts In The Legislation Of Foreign Countries: Comparative-Legal Analysis, B.D. Rakhimberganova Dec 2018

The Regulation Of Fixed-Term Employment Contracts In The Legislation Of Foreign Countries: Comparative-Legal Analysis, B.D. Rakhimberganova

Review of law sciences

this article studies the level of regulation of a fixed-term employment contract in the legislation of foreign countries and conducted a comparative legal analysis of the norms of national legislation. A scientific and practical conclusion on the improvement of national legislation was also drawen.

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The Role Of The International Parliamentary Organizations (Ipo) As A Subject Of International Law, F. Eshmatova Dec 2018

The Role Of The International Parliamentary Organizations (Ipo) As A Subject Of International Law, F. Eshmatova

Review of law sciences

This article is dedicated to the issues of legal status and functions of International Parliamentary Institutions. The features of their structure and functioning, the place in system of the international relation are analyzed. In particular the legal status and functions of Inter-parliamentary Organization (IPU) are discussed.

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Cooperation Of Uzbekistan With International Organization In The Field Of Labour Migration, S. Ishanxodjaev Dec 2018

Cooperation Of Uzbekistan With International Organization In The Field Of Labour Migration, S. Ishanxodjaev

Review of law sciences

The article deals with the issues of institutional cooperation of Uzbekistan in the field of labor migration with international institutions and specialized agencies. A number of proposals are made to improve the cooperation of a bilateral agreement by introducing changes and additions as well as the accession of Uzbekistan to universal and other international treaties regarding labor migration.

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Chances And Prospects Of Implementing Russian Leasing Practice In Uzbekistan, U. Maxmudhodjaeva Dec 2018

Chances And Prospects Of Implementing Russian Leasing Practice In Uzbekistan, U. Maxmudhodjaeva

Review of law sciences

The article analyzes the views and conclusions of the scientists in the field of leasing and outlines the leasing activities in Uzbekistan. It also provides information on leasing experience and its role and vitality in the leasing market, comparative analysis of leasing activity of Uzbekistan, as wella as offers and recommendations for leasing market of Uzbekistan.

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Some Peculiarities Of Legal Regulation Of Multimodal Cargo Transportation In Uzbekistan, R. Ismailova Dec 2018

Some Peculiarities Of Legal Regulation Of Multimodal Cargo Transportation In Uzbekistan, R. Ismailova

Review of law sciences

This article studies the legal regulation of cargo transportation by various modes of transportation, it is noted that international trade and the improvement of transportation technologies have greatly contributed to the growing popularity of multimodal transport, and although they are recognized as the transportation mode of the future, the legal framework governing this type of transportation has not been still formed. It is justified in the article that despite the fact that Uzbekistan provides support for business logistics, the lack of a legislative framework for multi-modal transportation greatly complicates the process of international transportation of goods.

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