Law Commons^™

Potensi Pengembangan Wakaf Saham Sebagai Objek Wakaf Baru Di Indonesia: Perspektif Hukum Islam, Fahrul Fauzi

Jurnal Hukum & Pembangunan

Share waqf is holding one or more shares owned by wakif in a company that is engaged in a field that is permitted under sharia, the profits of which are used according to the purpose of waqf both for public and private in the framework of worshiping Allah SWT. The regulation of share waqf in Indonesia is still incorporated in the provisions of waqf in general. The existence of this regulation is the result of ijtihad by Indonesian ulama who adjusts to the needs and current social conditions. Shares in Islamic law are categorized as a form of Syirkah. The …

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer

University of Cincinnati Law Review

No abstract provided.

Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman

Washington Law Review

This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities’ role in decarbonization. To those focused on rapid build-out of renewable energy infrastructure, communities are a potential threat who could slow or derail renewable energy projects through opposition during the regulatory process. To those focused on leveraging the transition to clean energy to advance racial and economic justice, communities are necessary partners in the key decisions …

The Temptation Of Cosmic Private Law Theory, Nathan B. Oman

Faculty Publications

It’s a heady time to be a theorist of private law. After decades of vague post-Realist functionalism or reductive economic theories, the latest generation of private law theorists have provided a proliferation of new philosophies of tort, contract, and property. The result has been a tremendous burst of intellectual creativity. While Kant and Hegel have been dragooned into debates over torts and contracts and even such supposedly wooly headed thinkers as Coke and Blackstone have been rehabilitated, there have been fewer efforts to generate natural law accounts of private law than one might expect, particularly in light of the revival …

Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan

Nebraska College of Law: Faculty Publications

The Survey contains both a cumulative and detailed account of the laws and rules of each state governing continuances, adjournments, and stays in residential eviction proceedings. The Survey compares the laws of each state on several aspects, including the standard for obtaining a continuance, the allowable length of the continuance, whether a bond must be paid, and any other restriction or limitation placed on the party seeking to continue an eviction proceeding. The Survey also includes a listing of state statutes that provide a residential tenant a right to redeem the property upon payment of rent prior to the execution …

Parental Leave Policy And It's Impacts On Educators In Public Schools., Tahy Addison

Symposium of Student Scholars

Parental Leave and it’s impacts on educators within public schools. Tahy Addison Candidate for the B.S. in Human Services with a concentration in Nonprofit Management and Social Innovation Department of Social Work and Human Services

Dr. Jennifer A. Wade-Berg, Research Mentor

Abstract

Public Law 103-3 cited as the Family and Medical leave Act of 1993, was enacted to grant family and temporary medical leave under certain circumstances. The Family Medical Leave Act (FMLA) was created for Americans who feel that their career takes valuable time away from their children and loved ones. FMLA allows eligible employees up to 12-weeks of …

Pemenuhan Hak Konstitusional Untuk Warga Negara Indonesia Melalui Program Perhutanan Sosial, Yusuf Adiwinata Damanhuri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Social Forestry as a forest management system based on the independence and participation of local communities, ensuring the participation of the community's direct role in forest development can provide maximum benefits to local communities and indigenous peoples. Indonesia, as one of the countries that began to initiate social forestry programe, through the ministry of Environment and Forestry of the Republic of Indonesia, has provided legal certainty for the local community and indigenous people to obtain forest access as requested. Various types of social forestry schemes, namely Village Forests, Customary Forests, Community Plantation Forests, Community Forests, Community Forests, and Forestry Partnerships …

Tinjauan Yuridis Perbuatan Melawan Hukum Terhadap Cacat Badan Di Indonesia, Yulianto Manurung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of the categories of acts against the law stipulated in Article 1365 to 1380 of the Civil Code is an unlawful act that causes bodily defects as stipulated in Article 1371 of the Civil Code What often causes problems in practice is the calculation of the amount of material compensation that must be given to victims who have disabilities as a result of unlawful acts because the Civil Code does not provide clear and complete benchmarks regarding this matter. Arrangements regarding compensation to victims of acts against the law especially those that cause bodily disabilities for the victim have …

Indikasi Predatory Pricing Pada Praktik Perang Harga Antara Pelaku Usaha Financial Technology (Fintech) Ditinjau Berdasarkan Hukum Persaingan Usaha Di Indonesia, Yohanna Ameilya Panjaitan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The rapid development of the digital world has opened wider networks for the formation of the global economy, which has also led to the emergence of various business transactions involving many financial technology-based financial companies (Fintech), which provide services similar to banking functions. Fintech is expected to drive the industrial revolution in the form of online digital technology, which is based on new technology that will change the entire production and management chain in each branch of industry. The Fintech company is growing rapidly and significantly in Indonesia, where the Fintech sub-sector is seen to flourish, namely lending and e-wallet …

Tinjauan Yuridis Peran Pt Kliring Penjaminan Efek Indonesia Sebagai Central Counter Party Untuk Transaksi Derivatif Suku Bunga Dan Nilai Tukar Over The Counter, Yofi Satriya Wijaya

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The role of the Central Counter Party (CCP) in financial transactions, especially in the derivatives market, is the concern and commitment of G20 member countries including Indonesia to be implemented due to the global crisis in 2008-2010. Derivatives have an important role as an alternative investment and funding as well as hedging for investors against the risk of changes in the price of financial assets that can’t be predicted so that puts investors in a loss position. However, derivatives can also have a negative impact if the implementation is done improperly so that it has an impact on financial stability …

Penanganan Dan Penyelesaian Unclaimed Assets Di Pasar Modal Indonesia, Yanu Suwandika Menoadji

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In other countries, the handling and settlement of Unclaimed Assets has been regulated separately in an Act. In Indonesia, the handling and settlement of Unclaimed Assets has been regulated in the Civil Code (KUHPerd), including the regulation regarding Afwezigheid, namely the handling of property of someone who has left his domicile and whose existence is unknown and does not give power to any party to take care of the treasure. However, the provisions in the KUHPerd do not have economic value for related parties if applied in the Capital Market industry. One of the things that takes precedence in handling …

Potensi Sumber Pembiayaan Alternatif Dalam Pembangunan Bandar Antariksa Indonesia, Yanita Thressia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia targeted to have fully operational space launch in 2040 to support research and development of satellite launch technology. Biak Island has been chosen as Indonesian’s first space launch after depth research done by National Institute of Aeronautics and Space as implementing agency in space affairs. State budget allocation of LAPAN couldn’t accommodate the space launch establishment cost. Indonesian need to find alternate resource of fund rather use of state budget. Public private partnership became an option of alternative financing that growing in space industries.

Keywords: space launch, public private partnership, infrastructure financing

Peraturan Mahkamah Agung Republik Indonesia Nomor 13 Tahun 2016 Tentang Tata Cara Penanganan Perkara Tindak Pidana Oleh Korporasi; Solusi Sementara Upaya Meminta Pertanggungjawaban Pidana Korporasi, Wahyu Prestianto

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The desire of the community so that corporations in Indonesia can be held liable today seems to have been granted with the imposition of crimes against several corporations in Indonesia. This was realized with the issuance of the Indonesian Supreme Court Regulation No. 13 of 2016 concerning Procedures for Handling Criminal Acts by Corporations that is said have filled the vacuum of Indonesian criminal procedure law, which had been said to be an inhibiting factor in corporate action by law enforcement officials. It is important to discuss what are the obstacles to the prosecution process of the corporation and whether …

Tinjauan Yuridis Terhadap Pembatalan Perjanjian Perdamaian Yang Telah Dihomologasi Karena Bertentangan Dengan Ketentuan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang (Pkpu), Tjokorda Agung Candra Aditya

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Composition Plan Which Has Been Homologated in the case of Suspension of Obligation For Payment is one of the efforts taken by the debtor to maintain the continuity of its business by proposing a debt payment restructuring process regulated in the composition plan. However, despite the debt composition plan that must be fulfilled by the debtor to its creditors, there are certain clauses that are intentionally included in the Compositon Plan by the debtor which have the potential to create legal loopholes if the debtor may fail to carry out payment obligations in accordance with the Compositon Plan that has …

Implementation Of Human Rights Certification As A Request For Human Rights Protection To Workers In The Fishery Industry, Tito Pramudita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The responsibility of the state is one of the important keys in the life of the state, one of which is in labor matters. In its implementation there are several records of violations of human rights in the Indonesian Sea, namely Trafficking in Persons, Forced / Slavery Labor, Child Labor, Overtime and the absence of health insurance. Research Objectives To analyze regulations in Indonesia regulating the protection of human rights for workers in the fishing industry in Indonesia and Fisheries Human Rights Certification contained in the Minister of Maritime Affairs and Fisheries Regulation No. 35 of 2015 has effectively provided …

Analisa Penerapan Kesehatan Dan Keselamatan Kerja Di Hotel X, Thomas Istriarto

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In the progress of the tourism industry, hotels play an important role in serving tourists visiting tourist destinations. Determination of hotel bookings that depend on reviews makes many management in hotels continue to strive to apply the principles of occupational health and safety. Due to the frequent occurrence of minor work accidents, management and workers do not realize that this is part of the work accident so that the concept of culture of discipline is not formed on the workers, if they do not carry out work health and safety. This is due to the absence of strict supervision to …

Permasalahan Pelaksanaan Klausula Arbitrase Dalam Upaya Menyelesaikan Sengketa Perjanjian Pilihan Forum, Tetty Diansari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In this developing era. a commerce matter is getting complex, a need to interact in commercial and business activity’ have arise a connection which open wide possibility of dispute. According to possibility of dispute, nowadays a trial was less interested far business man because many reasons, especially efficiency and profesionality. A Forum that more interested for many business man was Arbitration. Nevertheless, there are still dispute from agreement with Arbitration clause been claim in state trial, and state trial accept the claim, furthermore there’s an Arbitration adjustment requestes to be void in state court. Provided that, we need to review …

Pelaksanaan Hak Prerogatif Presiden, Teguh Satrio Prakoso

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia has more than 12 years enjoyed the struggle that transformed an authoritarian government into an open government. After 12 years of reform, the government or government officials are no exception the President can be corrected and criticized by anyone. Public demands that government always be monitored also play a role in strengthening the legislative function in Indonesia to strengthen oversight of the executive (government), on the pretext that the legislative organ (DPR) is a representation of the Indonesian people. The people want the administration to be carried out effectively, efficiently, tranparently, accountably, and responsibly. Tranparent means that all policies …

Implementasi Hak Cipta Sebagai Jaminan Pemberian Kredit Bank Dikaitkan Dengan Prinsip 5c (Character, Capacity, Capital, Collateral, Condition Of Economy), Tantowi Akbar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Banking institutions in Indonesia have the main function as collector and distributor of public funds as outlined in Article 3 of Banking Law Number 10 of 1998. In loans provided, banks are required to use the precautionary principle, known as the 5C Principle (Character, Capacity, Capital, Guarantee, and Condition of Economy). One form of collateral known in Indonesia is fiduciary collateral that can be encumbered for both movable and immovable objects either tangible or intangible that can not be encumbered for a Mortgage according to Article 1 number 2 of Fiduciary Guarantees Law Number 42 of 1999. Copyright is one …

Problematika Kenaikan Bantuan Keuangan Partai Politik Yang Bersumber Dari Anggaran Pendapatan Dan Belanja Negara (Apbn), Suci Monawati Sukma

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The formation of political parties comes from citizens who voluntarily have the same will and ideals to fight for the interests of the state, society, nation and state, this is the beginning why political parties deserve to be funded by the APBN, because basically political parties consist of citizen too. Then formed and enacted Law Number 2 of 2011 on Basic Regulation of Political Parties and Government Regulation Number 1 of 2018 on Basic Regulation of Political Party Assistance, the financial assistance of political parties sourced from the APBN was raised to Rp. 1.000,00/votes. The increase in political party funds …

Perlindungan Hukum Terhadap Perawat Yang Terkena Penyakit Akibat Kerja Berdasarkan Peraturan Perundang-Undangan Yang Berlaku Di Indonesia, Siti Non Dwi Zulaeha

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Occupational safety and health are the most important part of providing protection for workers. With the rapid development of technology raises the potential to threaten occupational safety and health. One example is the Hospital industry. At present the Hospital has been supported by sophisticated and modern tools to support the health services provided to patients. Hospital is a health service industry / workplace that has a high risk to the safety and health of hospital human resources such as patients, visitors, and the hospital environment. In this case the hospital human resources, one of them is Nurse. Nurses are health …

Permasalahan Mengenai Pembiayaan Dan Nasionalitas Pesawat Udara: Studi Kasus Blue Sky V. Mahan Air, Sinatrya S. Primandhana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

With the development of technology and the widespread of low cost carrier, air travel now become more accessible to the middle-class society. This Phenomenon lead to the need for Airline Company to strengthen their aircraft armada in order to compete with other airline company. However, with the price of aircraft being astronomically high, it is impossible for Airline Company to procure an aircraft with cash payment or conventional financing scheme. Therefore, the mechanism of aircraft financing become the most common methods of aircraft procurement used by Airline Companies in order to increase their aircraft quantity. Unfortunately, the complicated process of …

Perlindungan Dana Float Berdasarkan Peraturan Bank Indonesia Tentang Uang Elektronik Untuk Memitigasi Risiko Insolvency Penerbit Uang Elektronik, Rizky Kartika Sari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bank Indonesia regulations governing all aspects related to float funds are basically carried out in the framework of carrying out the task of regulating and maintaining a smooth payment system. Float funds must be guaranteed security in terms of liquidity risk, credit risk, legal risk, and operational risk. A strict and comprehensive arrangement regarding float funds is based on the consideration that electronic money issuers should always manage float funds safely and govern so that can minimize liquidity risk considering that basically electronic money issuers are exposed to liquidity risk and insolvency risk. However, at present, there is no regulation …

Dematerialisasi Efek Bersifat Ekuitas Berupa Saham Di Pasar Modal, Rizki Kartika Maharani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

PT Kustodian Sentral Efek Indonesia (KSEI) plans to implement full dematerialization of Equity Securities in the form of shares in the Capital Market as an effort to comply with the CPSS-IOSCO recommendation for a comprehensive dematerialization of Equity Securities in the Indonesian Capital Market. As stated in the Principles of Financial Market Institution (PFMI) principle 11 which states that “A CSD should maintain securities in an immobilized or dematerialized form for their transfer by book entry. Where appropriate, a CSD should provide incentives to immobilize or dematerialise securities”. With the full dematerialization of Securities in the form of shares, all …

Perubahan Istilah Joint Venture Bank Dalam Komitmen Sektor Perbankan Pada Perjanjian Perdagangan Bebas/Perjanjian Kemitraan Ekonomi Komprehensif (Fta/Cepa), Randy Brian Kharisma

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As an open economy, the Government of Indonesia has been actively negotiating FTA/CEPAs to boost economic growth and strengthen the legal certainty for foreign investment. The banking sector commitments in Uruguay Round were based on the regulations and policies in force at that time. In line with changes and developments in the banking sector, adjustments have been made to banking regulations and policies so that banking sector commitments need to be adjusted. This is very important so that the commitment of the Indonesian banking sector has a strong basis for consideration and also supports the policies of the Indonesian government. …

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. Whereas insurance or coverage itself is born because of human needs in the event of uncertainty about a loss or risk. Risk is a condition where there is the possibility of an outcome that is different from the one expected. 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 …

Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah, Prahesti Sekar Kumandhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Environmental law enforcement by regional governments in the context of regional autonomy is an important part of realizing quality environmental protection and management through the formation of regional legal policies. Regional legal policies regarding the protection and management of life-based on statutory regulations at the central level also influence the functioning of environmental law enforcement in the regions. This article aims to review the pattern of environmental law enforcement based on the Law on Environmental Protection and Management, the Regional Government Law, and the Job Creation Act, and discusses the relationship between the functioning of environmental law enforcement in the …

Penanganan Situs Internet Bermuatan Negatif Menurut Undang Undang Nomor 11 Tahun 2008 Dan Peraturan Menteri Komunikasi Dan Informasi Nomor 19 Tahun 2014, Muhammad Farhansyah Hamid

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discuss about the concept of a internet sites that is defined to be negative and how’s the Indonesian law regulates it, and about the mechanism of negative site handling based of peraturan menteri komunikasi dan informasi nomor 19 tahun 2014. Furthermore, it will be discussed about the human rights to have access to the information and how negative content handling related to it. This legal research uses normative juridical approach with secondary data from national, regulations, books, and interview with sources. The result of this research is that content handling is so related to limitation of human rights …

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 …