Administrative Law Commons^™

Perlindungan Hak Cipta Terhadap Penggandaan Permainan Video, Ahmad Fajri Wibowo

Jurnal Hukum & Pembangunan

2020AbstractCopyright protection is one of the systemsfor providing legal protection in creative industry. One of the creative industry that need copyright protection is video game industry. Developmentofvideo games in indonesia is very fast, therefore legal protection is needed to maintain the development of video game industry. Basically video game is an object of creation in indonesian copyright law number 28 year 2014 concerning copyright. In the development of the video game industry, there are problems that occur such as many copying of video game illegally. Thus, copyright protection have a significant role in protecting the video game industry.

Perlindungan Terhadap Hak-Hak Perempuan Pekerja Migran Indonesia Dalam Undang-Undang Nomor 18 Tahun 2017: Perspektif Feminisme Legal Theory, Wabilia Husnah

Jurnal Hukum & Pembangunan

Indonesian Migrant Workers (PMI) often experiencing physical, psychological, and sexual suffering. Indonesian Women Migrant Workers are also victims of trafficking. The implementation of Law of Indonesia No 18 Year 2017 is expected to protect Indonesian Women Migrant Workers. Thispaper will dissect the law through the perspective of the Feminist Legal Theory, to see whether the law has truly been able to fulfill all the rights of Indonesian Women Migrant Workers. This paper concludes that despite protecting Indonesian Women Migrant Workers, this law still feels gender blind. There are five weaknesses in this law, na mely: 1) not discussing the right …

Analisis Yuridis Terhadap Status Hak Kepemilikan Permukiman Penduduk Di Atas Air, Irman Irman, Oksep Adhayanto, Rany Kartika Sari, Suryadi Suryadi

Jurnal Hukum & Pembangunan

This research was conducted to examine whether Settlement on the water can be given ownership status as the right to land in theUUPA. The purpose of this study is to find out and analyze settlements on water, can the status of land rights be given as stipulated in the legislation, and with the hope that people who have houses and settlements on the water can obtain proof of ownership of land and buildings on the water. The research method usedis normative research, with a statutory approach and a historical approach. The results showed that although the Regulation of the Minister …

Problema Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Dalam Sistem Hukum Indonesia, Ade Mahmud

Jurnal Hukum & Pembangunan

The polemic ofcapitalpunishment inthe Indonesian legal system has long reaped a contra cons that never ends. People who oppose capital punishment have reasoned because this criminal is inhumane and ineffective, capital punishment is considered counter productive withthe aimof punishment, especially in overcoming the problem of illicit drug trafficking. That is why most European countries have decided to abolish capital punishment for all forms of crime, but developing countries, including Indonesia, still maintain it because it is seenas a form of punishment worthy of dealing with serious crimes. The discussion on capital punishment cannot be separated from the issue of basic …

Hak Dan Kewajiban Negara Pemiliki Instalasi Lepas Pantai Terhadap Navigasi Internasional Menurut Hukum Internasional, Hanna Adistyana Hefni

Jurnal Hukum & Pembangunan

Along with the times, the types and methods of exploration and exploitation of the seaare also experiencing developments, such as oil and gas drilling offshore and the construction of offshore installations to smooth the process of oil andgas exploitation and production. The emergence of other objects besides ships in the waters certainlybecomes a problem for international navigation activities which have long been the activities of nations since ancient times. Therefore this paper discusses the rights and obligations of the countries that have offshore installations to international navigation according to international law. The method used in this paper is a normative …

Penerapan Omnibus Law Cipta Kerja Di Indonesia Efektif Atau Tidak? Studi Tinjauan Berdasarkan Sistem Hukum Di Indonesia, Dewi Sartika Putri

Jurnal Hukum & Pembangunan

The overlapping of regulations in Indonesia makes Indonesian people uneasy in thismatter, business actors in implementing these various regulations. Besides overlapping regulations, the ineffectiveness of these regulations in terms of licensing submission procedures to the minimum supervision by the government has caused disappointmentfor many business actors who apply for licenses in opening their businesses. This can be an obstacle in the investment business climate in Indonesia. Therefore, President Jokowi in his speech at the time he was elected as the second President of Indonesia, alluded to the Omnibus Law on Employment Creation which meant simplifying regulations, especially in the licensing …

Hapusnya Lembaga Parate Eksekusi Sebagai Akibat Hukum Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019, Antonius Budi

Jurnal Hukum & Pembangunan

A security rights holder has 2 methods of carrying out executions without resorting to a lawsuit so that they can carry out executions quickly and easily: parate executie or executorial titles. In the Constitutional Court Ruling Number 18/PUU-XVII/2019, parate executie is considered as a continuation of theexecutorial titles. This causes the abolition of parate executie in fiduciary agreement, because now creditor who wishes to exercise parate executie must do so withthe consensus of the debtor or through legal methods. This is contrary to the legal theoryand function of parate executie which is summary execution outside the court system under creditors …

Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia - Importation Of Horticultural Products, Animals And Animal Products, Faiz Muhammad Rizky, Rouli Anita Velentina

Jurnal Hukum & Pembangunan

n 2014, Indonesia implemented measures relating to the importation of horticultural products,animals, and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyzes whether the paneland appellate body decision in the case of Indonesia -Importation of Horticultural Products, Animals and Animal Products under the provisions contained in the WTO legal framework. Indonesias policies cannot be justified under WTO legal framework, thoughthere are some exceptions to the quantitative restriction provision.

Elimination Of Non-Tariff Barriers Of Trade In Goods In The Asean Region: Will It Ever Work?, Garuda Wiko, Fatma Muthia Kinanti

Jurnal Hukum & Pembangunan

Within the framework of the ASEAN Economic Community (AEC), there is a mandate to promote trade liberalization with the aim of increasing intra-ASEAN trade. The realization of the AEC includes the existence of the free flow of goods, services and investments within the ASEAN region. In terms of trade in goods, the regulations within the AEC framework are intended to promote the establishment of single markets and production bases in the ASEAN region that does not only require the elimination of tariff barriers, but also non-tariff barriers.This article concludethat the NTB Regulations in the AEC 2015 are not very well …

Perbandingan Hukum Rahasia Dagang Indonesia Dengan Amerika Serikat (Studi Komparatif Putusan Mahkamah Agung Nomor 332 K/Pid.Sus/2013), Monica Yesica Febrina

Jurnal Hukum & Pembangunan

Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreementand Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition,protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examinesthe comparison of intellectual property protection laws specifically regarding trade secrets …

Perlindungan Hak Pekerja Perempuan Melalui Sertifikasi Ham Perikanan Yang Berpersfektif Gender, Hesti Widyaningrum, Adi Nur Rohman

Jurnal Hukum & Pembangunan

Indicators of Human Rights Compliance in Regulations on System and Certification of Human Rights in The Fisheries Sector make Business Actors potentiallyignore The findings of fisheries Human Rights violations that are not included in these indicators, the scopeof indicators of human rights compliance should not be limited also from The findings of Human Rights violations of Fisheries Workers and The method of recovery based on the initiative of The Business Actor as referred to in UNGPs (UN Guiding Principles onBusiness and Human Rights). The narrowness scope, too, has an impact on regulating The Rights Of Women Workers which is not …

Determinasi Keuangan Negara Guna Mewujudkan Keadilan Sosial (Social Equity) Bagi Seluruh Rakyat Indonesia, Dian Puji Nugraha Simatupang

Jurnal Hukum & Pembangunan

State finances in Indonesia is not totally determined by the social equity factor because they tend to be determined by the leadership of the government, so the meaning of state finances in order to realize the goals of the state is very dependent on the model and typical of the President as the holder of the highest state financial management in Indonesia.Such conditions cause state finances to be planned,budgeted, and accounted for with models and mechanisms in accordance with the Presidents management concept, and not on the concept of realizing the goals of the state to achieve social justice. This …

Peranan Perusahaan Penjaminan Dalam Mengatasi Permasalahan Umkm Mengakses Kredit Di Sektor Perbankan (Setelah Berlakunya Undang-Undang Nomor 1 Tahun 2016 Tentang Penjaminan), Luh Putu Prema Shanti Putri Saraswati

Jurnal Hukum & Pembangunan

Micro, Small and Medium Enterprises (MSMEs) have an important role in the development of the Indonesian economy.So far, MSMEs are still faced with various kinds of obstacles,one of which is that MSMEs still face problems related to limited access to funding to financial institutions.Limited access to funding to financial institutions is partly due to the limited assets owned by MSMEs to be used as collateral for bank loans.Guarantee is theactivity of providing guarantees by the Guarantor for the fulfillment of Guaranteed financialobligations to the Recipient of the Guarantee.Guarantee Company is a legal entity engaged in finance with the main business …

Climate Change, Competition & Conflict Along The River Nile: The Great Ethiopian Renaissance Dam & Shifting Customary International Water Law, Salma Shitia

Fordham Environmental Law Review

Decade-long negotiations between the Arab Republic of Egypt and the Federal Democratic Republic of Ethiopia surround the decision to build the hydroelectric power plant along the River Nile. For much of Ethiopia, the Grand Ethiopian Renaissance Dam represents a beacon of prosperity. For countless Egyptians, the structure embodies a potential catastrophe. Grounded in threats of displacement for Egyptian agricultural communities, some have compared the Grand Ethiopian Renaissance Dam crisis to disasters culminating in mass migration.

This battle for natural resource access has intensified as climate change exacerbates the region’s dire conditions. Specifically, exhaustible resource allocation amid climate change indicates that …

A Paper Tiger? Prosecutorial Regulators In China’S Civil Environmental Public Interest Litigations, Chunyan Ding, Huina Xiao

Fordham Environmental Law Review

In July 2015, China’s national legislature brought in prosecutor-led civil environmental public interest litigation (“EPIL”) for thirteen selected provincial areas of the country. After a two-year legal experiment, this prosecutor-led civil EPIL system was then established nationwide in July 2017. Yet, can it be said that prosecutorial regulators in China are in fact a paper tiger? Drawing upon content analysis of the 655 prosecutor-led civil EPILs and in-depth interviews with twelve frontline prosecutors and judges, this article examines the dynamics of regulatory practice and the motivation of the Chinese prosecutorial organs to engage in environmental regulation through litigation. Based upon …

The Yoga Analogy: Scaling-Up The U.S.’S Renewable Energy Sector Mindfully With New Technologies, Evolving Standards, Public Buy-In, Data Sharing, And Innovation Clusters, Kimberly E. Diamond

Fordham Environmental Law Review

This paper focuses on innovative renewable energy devices, exploring how scientifically-based industry standards that continuously evolve with engineering design technology, the public’s buy-in and feeling of connectedness with groundbreaking devices, and innovation clusters that accelerate device development through data sharing and public-private partnerships can all help advance the U.S.’s domestic renewable energy industry.

Part I analyzes challenges inherent to scaling- up novel renewable energy technologies while simultaneously developing the industry standards regulating them. Part II uses the Block Island Wind Farm, an offshore wind demonstration project, and Pavegen’s globally-deployed arrays of piezoelectric smart flooring tiles as examples illustrating the importance …

Environmental Racism: Using Environmental Planning To Lift People Out Of Poverty, And Re-Shape The Effects Of Climate Change & Pollution In Communities Of Color,, William C.C. Kemp-Neal

Fordham Environmental Law Review

In the mid-1900s the United States began to see a rise in concern for environmental awareness issues. In the early days the movement focused on things like clean air, water and pollution but by the 1970s-1990s many prominent environmental awareness groups began to form focused on the idea that in order to avert climate change the principal goal needed to be to reduce global greenhouse gas emissions. In 1987 a report was released called Toxic Waste and Race, which outlined an intimate link between the placement of environmental hazardous waste sites in communities of color, and greater instances of polluted …

Beyond Equity: Shared Natural Resources And Human Rights, Criminal Law, And The Use Of Force, Eian Katz

Fordham Environmental Law Review

Transboundary resource disputes are often analyzed by reference to two nebulous and conflicting principles that have emerged in international environmental law: “equitable and reasonable utilization” and “no significant harm.” Frequently overlooked in this context is the potential value of other canons of international law—especially human rights law, criminal law, and the rules governing the use of force—in adding definition to the muddled contours of these foundational precepts. This Article therefore undertakes an assessment of sovereign rights and obligations regarding shared natural resources which arise from these other bodies of law. In doing so, it offers new lenses through which to …

Squaring The Cercla: Superfund And The Superfund Task Force, Manny Marcos

Fordham Environmental Law Review

The Superfund Task Force recently released its final report on the implementation of its recommendations for improving the Superfund program. The Task Force was given five goals for improving the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA’s”), implementation. These goals are to expedite cleanup and remediation, re-invigorate responsible party cleanup and reuse, encourage foreign investment, promote redevelopment and community revitalization, and engage with partners and stakeholders. While the Task Force’s recommendations have improved CERCLA’s implementation, many of CERCLA’s structural flaws remain intact. Specifically, CERCLA still has a severe shortage of funding, an unfair liability scheme, perverse incentives, …

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale …

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis. It also …

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to continue …

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and …

Interior Landmark Designation And Regulation: Should Government Regulate Publicity Inaccessible Interior Landmarks, Victoria Tesone

Cardozo International & Comparative Law Review

The note argues that government regulation of interior landmarks should be contingent upon public access, as such regulation otherwise fails to serve its intended public benefit and unjustly burdens property owners. It proposes that without public access, landmark designation should not impose regulatory obligations on property owners, and suggests that the financial burden of preservation should shift to taxpayers rather than private owners.

Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar

Jurnal Hukum & Pembangunan

This article explores about social justice in peoples lives according to Karl Marxs prespective of the concept of social class. It also discusses Marxs concept of the struggle of the social class to provide a solution for the proletariat, to free themselves from the chain of cruelty, violence and alienation in the capitalist system to achieve social justice. The essence of social justice in Karl Marxs prespective is that if a society has created a manifestation of self through compassion, and the collaboration of a classless society, without violence, and without oppression, and humans are free from all forms of …

Kebijakan Penghapusan Izin Lingkungan Dalam Ruu Cipta Kerja Dan Dampaknya Terhadap Pembangunan Berkelanjutan Di Indonesia, Kornelius Benuf, Abram Robert Aritonang, Supriardoyo Simanjuntak

Jurnal Hukum & Pembangunan

The government is currently discussing about Jobs Creation Bill on the implementation of national development. The drafting of Jobs Creation Bill is carriedout by applying the omnibus law system. However, on the Bill there are numbers of irregularities such as the removal of environmental permits and replaced with environmental agreements. This raises legal issues because the changes of terminology onthe Bill have juridical implications for the implementations of sustainable developments in Indonesia. This legal issue will be researched further in this study. The method used is normative juridical with secondary data in the form of primary legal materials ofthe Jobs …

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 …

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 …

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 …