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Full-Text Articles in Administrative Law

Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra Mar 2021

Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra

Jurnal Hukum & Pembangunan

As a ratifying State to the International Covenant on Economic, Social and Cultural Rights (Ecosoc), the Government of Republic of Indonesia has legal obligation to implement steps of realization in effective and measurable manner in fulfilling, promoting, and protecting the economic, social and cultural rights of all its citizens. The issue is, to fulfil such obligation the State will require high amount of cost. The State is being sourced by the taxation policy. From many taxation policies, Income Tax become one of the most preffered segment. Unfortunately, the Income Tax policy, in practice, hardly optimizing due to many social economic …


Kelemahan Pengaturan Pengupahan Bagi Dokter Di Indonesia, Muhammad Nur Mar 2021

Kelemahan Pengaturan Pengupahan Bagi Dokter Di Indonesia, Muhammad Nur

Jurnal Hukum & Pembangunan

The results of the Junior Indonesian Doctors Network (JDN) survey on August 1-30 2018 stated that 26.24 percent of doctors in Indonesias main workplaces were still paid under three million rupiah per month. Then, there are 8.89 percent of doctors who are even paid under one and a half million rupiah per month. Due to the low salaries earned, many doctors end up having to take additional work hours in several practice locations to increase their income. In fact, other studies say that working continuously for doctors increases the risk of malpractice and endangers patients. Low wages also make doctors …


Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin Mar 2021

Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin

Jurnal Hukum & Pembangunan

The use of the term Makar as a translation of the word Aanslag in Indonesias CRIMINAL code currently triggers a variety of polemic because it has a lot of meaning, resulting in an ambiguity that causes no legal certainty to be guaranteed. Indonesias CRIMINAL code is currently in its case that it does not provide define and the limitations of Macar deeds so that the multitasking is still prone to occur. Addressing such a thing, it is necessary to reformulation the draft proceeding in the Penal Code in order to ensure the future legal certainty. The limitation of the performance …


Rekonseptualisasi Penyelesaian Sengketa Proses Pencalonan Pilkada, Supriyadi Supriyadi Mar 2021

Rekonseptualisasi Penyelesaian Sengketa Proses Pencalonan Pilkada, Supriyadi Supriyadi

Jurnal Hukum & Pembangunan

This research aims to find the ideal concept of dispute resolution process in the regional head election, so far the practice of election dispute resolution is carried out by two institutions namely Bawaslu and PTTUN. As for the results of this study in the form of the first, philosophically the Bawaslu institution was born from the provisions of Article 22E paragraph (5) of the 1945 Constitution of the Republic of Indonesia which was interpreted to conduct supervision both in the narrow and broad sense (handling violations and dispute resolution) of the holding of elections or the elections. Second, the dualism …


Mencari Jejak Konsep Judicial Restraint Dalam Praktik Kekuasaan Kehakiman Di Indonesia, Dian Agung Wicaksono, Andi Sandi Antonius Tabusassa Tonralipu Mar 2021

Mencari Jejak Konsep Judicial Restraint Dalam Praktik Kekuasaan Kehakiman Di Indonesia, Dian Agung Wicaksono, Andi Sandi Antonius Tabusassa Tonralipu

Jurnal Hukum & Pembangunan

The decision on judicial review of Laws by the Constitutional Court was allegedly not fully obeyed by the parties affected by the decision. One form of disobedience tothe judicial review decision by the Constitutional Courtwas shown by the Supreme Court concerning the decision related to the opening of the opportunity to submit a Peninjauan Kembali more than once, which was responded by the Supreme Court with internalregulations which emphasized that Peninjauan Kembali could only be done once.From the phenomenon, this research tries to trace the concept of judicial restraint in the practice of judicial power in Indonesia, as well as …


The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid Mar 2021

The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid

Jurnal Hukum & Pembangunan

Notary has a strategic position in making Islamic banking contracts. This is because the Notary is responsible for the correctness of the contract construction to fulfill the terms of the agreement, as well as sharia principles. This study is intended to analyze the legal consequences that arise in the relationship between the Notary profession and the Islamic banking industry. It is important to find opportunities and challenges of Notaries in supporting the development of Islamic economics in Indonesia. This study uses a philosophical, juridical and empirical approach. The results of the analysis show that the need for a notary who …


Managing The Risk For Fintech Lending Amid The Global Pandemic Corona Virus, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro, Nur Utari Setiawati Mar 2021

Managing The Risk For Fintech Lending Amid The Global Pandemic Corona Virus, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro, Nur Utari Setiawati

Jurnal Hukum & Pembangunan

The coronavirus (covis-19) is impacting all sectors across the world. Moreover, the covid-19 pandemic will accelerate change in the world economy. That brings both opportunity and danger, says Henry Curr in The Economist. In dealing with global disaster which impacts to the finance and economy world, such as the pandemic of covid-19, fintech lending offers the fastestand the most easy lending service for people in the whole business world nowdays. However, the easy process can cause various problems such as late payment and default in payment. Fintech will suffer from those risks and it can jeopardise the business. Moreover, most …


Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan Mar 2021

Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan

Jurnal Hukum & Pembangunan

High seas is an ocean legal regime that is free access to every states, including the use of its fisheries. Yet, in fact, fishing on the high seas is dominated by in part of all countries, which are developed countries or at least states with advance technology and finance. The vast potential of high seas fisheries is in line with the high of threat that must be faced, for examples overfishing and destructive fishing. The majority regionals of the world are going through fisheries crisis as well as decreasing of fish stocks in Southeast Asia. Fisheries sector is so important …


Kedudukan Dan Kewenangan: Badan Nasional Pengelola Perbatasan Di Indonesia, Putu Wahyu Widiartana Mar 2021

Kedudukan Dan Kewenangan: Badan Nasional Pengelola Perbatasan Di Indonesia, Putu Wahyu Widiartana

Jurnal Hukum & Pembangunan

The vast condition of the Unitary Republic of Indonesia made Indonesia have several border areas stretching from Sabang to Merauke. Management of the countrys territories and border areas has been regulated in Law 43/2008 on State Territories. The National Border Management Agency (Badan Nasional Pengelola Perbatasan/BNPP) is the only institution tasked with managing border areas in Indonesia. The Minister of Home Affairs as the Head of BNPP leads and controls the implementation of the duties and functions of BNPP. In this study using Border Management Theory and Authority Theory. This research uses the normative legal research method which is the …


Perbandingan Kedudukan Dan Kewenangan Kepolisian Dalam Konstitusi Yang Pernah Berlaku Di Indonesia, Farrel Eden Surbakti, Ali Abdilah Mar 2021

Perbandingan Kedudukan Dan Kewenangan Kepolisian Dalam Konstitusi Yang Pernah Berlaku Di Indonesia, Farrel Eden Surbakti, Ali Abdilah

Jurnal Hukum & Pembangunan

The police are defined as a tool of the state in charge of maintaining the security and order of the community, providing protection, and providing protection to the public. The relationship between the community and the police themselves is mutually influencing, where the existence of the police is functional in the structure of life. When people experience changes due to various factors, then there is also a change in moral standards that result in order and order of life according to previous cultures are no longer used. This is what causes the role and function of the police must always …


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal Dec 2020

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.


Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani Dec 2020

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.


Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston Dec 2020

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.


Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez Dec 2020

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.


Air Traffic Safety Management: The Significance Of Voluntary Reporting And Data Distribution, Xavier M. Ashley Nov 2020

Air Traffic Safety Management: The Significance Of Voluntary Reporting And Data Distribution, Xavier M. Ashley

Beyond: Undergraduate Research Journal

This study primarily investigated inadequacies identified through the utilization of the Air Traffic Safety Action Program (ATSAP), a Voluntary Safety Reporting Program (VSRP) overseen by the U.S. Federal Aviation Administration (FAA). The primary objective of this research was to ascertain whether the FAA was properly managing the ATSAP and if the program was capable of effectively identifying safety hazards present in the national airspace. To assist in this determination, this study communicated the basic characteristics and significance of safety management and voluntary reporting in aviation. This served to clarify the intended function of the ATSAP and to articulate contributions that …


Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Drones: Where Does The National Airspace System Start?, Jason T. Lorenzon J.D. Mar 2020

Drones: Where Does The National Airspace System Start?, Jason T. Lorenzon J.D.

National Training Aircraft Symposium (NTAS)

Unmanned Aerial Systems (UAS), Unmanned Aeronautical Vehicles (UAV), drones and Personal Aerial Vehicles (PAV) constitute the greatest technological advancement since the jet age. (Elaine Chao, Secretary of Transportation, October 26, 2017) This technological advancement has prompted significant public policy challenges and the need for new laws regarding navigable airspace. This proposal investigates how airspace used by drones will evolve given existing Constitutional and common law principals. These principals will influence the creation, development and modification of UAS airspace regulations by the Federal Aviation Administration (FAA).

Two critical but unanswered questions concerning the National Airspace System, are where does navigable airspace …


In Memory Of Professor James E. Bond, Janet Ainsworth Jan 2020

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Blais V. Rhode Island Airport Corp., 212 A.3d 604 (R.I. 2019), Sarah Friedman Jan 2020

Blais V. Rhode Island Airport Corp., 212 A.3d 604 (R.I. 2019), Sarah Friedman

Roger Williams University Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Unfair Disclosure—Adopting A Limited Consultant Corollary For Foia’S Exemption 5 In Attorney Work–Product Cases Preserves Litigation Parity For Agencies Like The Faa, Ellen Smith Yost Jan 2020

Unfair Disclosure—Adopting A Limited Consultant Corollary For Foia’S Exemption 5 In Attorney Work–Product Cases Preserves Litigation Parity For Agencies Like The Faa, Ellen Smith Yost

Journal of Air Law and Commerce

No abstract provided.


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Dot Final Rule On Air Charter Brokers: Paving The Way For The “Uberization” Of Private Air Travel, Jet Mcguire Jan 2019

Dot Final Rule On Air Charter Brokers: Paving The Way For The “Uberization” Of Private Air Travel, Jet Mcguire

Journal of Air Law and Commerce

No abstract provided.


Unmanned But Accelerating: Navigating The Regulatory And Privacy Challenges Of Introducing Unmanned Aircraft Into The National Airspace System, Benjamin Kapnik Jan 2019

Unmanned But Accelerating: Navigating The Regulatory And Privacy Challenges Of Introducing Unmanned Aircraft Into The National Airspace System, Benjamin Kapnik

Journal of Air Law and Commerce

No abstract provided.


Why Jurisdiction Over Airmen Enforcement And Certificate Cases Should Be Transferred From The National Transportation Safety Board To Federal District Court, Alan Armstrong Jan 2018

Why Jurisdiction Over Airmen Enforcement And Certificate Cases Should Be Transferred From The National Transportation Safety Board To Federal District Court, Alan Armstrong

Journal of Air Law and Commerce

No abstract provided.


Here Comes The Boom: Reevaluating The Merits Of Faa Prohibition On Civil Supersonic Flight, Jonathan Petree Jan 2018

Here Comes The Boom: Reevaluating The Merits Of Faa Prohibition On Civil Supersonic Flight, Jonathan Petree

Journal of Air Law and Commerce

No abstract provided.


That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak Jan 2018

That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak

Publications

Building, deploying, and maintaining systems with sufficient cybersecurity is challenging. Faster improvement would be valuable to society as a whole. Are we doing as much as we can to improve? We examine robust and long-standing systems for learning from near misses in aviation, and propose the creation of a Cyber Safety Reporting System (CSRS).

To support this argument, we examine the liability concerns which inhibit learning, including both civil and regulatory liability. We look to the way in which cybersecurity engineering and science is done today, and propose that a small amount of ‘policy entrepreneurship’ could have substantial positive impact. …


The Faa’S Mental Health Standards: Are They Reasonable?, Katie Manworren Jan 2018

The Faa’S Mental Health Standards: Are They Reasonable?, Katie Manworren

Journal of Air Law and Commerce

No abstract provided.