Administrative Law Commons^™

Jangka Waktu Tanggung Jawab Pelaku Usaha Dalam Penyediaan Suku Cadang Berdasarkan Hukum Yang Berlaku Di Indonesia Dan Perbandingannya Dengan Ketentuan Hukum Di Negara Lain, Amelia Saptiana Dewi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Consumer protection is an effort to guarantee legal certainty for consumers related to their rights, as well as for business actors related to their obligations to consumers. The Consumer Protection Law was established to improve the dignity and status of consumers and to ensure that businesses actors are responsible for the goods that they sell. Consumer protection law imposes many obligations that must be fulfilled by business actors, one of which is the obligation to provide spare parts as stipulated in Article 25 of the Consumer Protection Act (CPA). Article 25 paragraph (1) of the CPA states that "Business actors …

Pembubaran Partai Politik Di Indonesia, Ahmad Iskandar Nasution

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The indonesian state in democracy always tries to guarantee the rights of its citizens to freedom of association and assembly. This guarantee of human rights is enshrined in the constitution, Undang-Undang Dasar 1945. The right of association and assembly is a vehicle for establishing a political party. In the dynamics of the state, it is always related to the dynamics of political parties. This political party plays a major role in determining the policy direction and goals of a country. The development of a political party can also shake a country, so the need for restrictions on the establishment …

Penegakan Hukum Dalam Perkara Tindak Pidana Korupsi Suap Menyuap Dan Gratifikasi Di Indonesia, Ahmad Fahd Budi Suryanto

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The regulating efforts regarding corruption is a long process that has been going on since the issuance of Law Number 1 of 1946 concerning Criminal Law Rule on February 26, 1946 which made the legal basis for the change of Wetboek van Strafrecht voor Netherlands Indie to Wetboek van Strafrecht (WvS), which then known as the Criminal Code. Until now, regulations regarding corruption have been amended with the latest changes through Law Number 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Eradication of Corruption and Law Number 7 of 2006 concerning Ratification of the United Nations …

Kewenangan Mahkamah Konstitusi Republik Indonesia Untuk Melakukan Pengujian Peraturan Pemerintah Pengganti Undang-Undang (Studi Kasus Pengujian Perppu Nomor 1 Tahun 2013), Aditya Ilmam Perdhana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Constitutional Court has the authority as stipulated in the Constitution of 1945, one of which is to examine the Law against the Basic Law. In the statutory regulatory system in Indonesia there is a statutory regulation that has the same position and hierarchy as the Law, namely the Government Regulation in Lieu of Law or commonly known as Perppu. The Perppu is a legal product issued by the President on the basis that the state is in a precarious state of force and the Perppu must then be submitted to the House of Representatives (DPR) for later to be …

Pengaruh Hubungan Kekuasaan Antara Pusat Dan Daerah Terhadap Kewenangan Perizinan Pertambangan Mineral Dan Batubara, Adamy Nurdin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The dynamics of regulating the authority of mineral and coal mining licenses between the center goverment and the regions goverment has led to less positive conditions for investment in mining. The latest regulation on regional government is regulated in Law Number 23 of 2014, drawing back the implementation of forestry, maritime affairs, as well as energy and mineral resources from the district/city government to the central government and the province government. This means that the regency/city government is no longer given authority in all matters relating to forestry, marine affairs, as well as energy and mineral resources. That the passage …

Kajian Teori Hukum Mengenai Liberalisasi Perbankan Di Indonesia (Analisa: Teori Hukum Pancasila Dalam Bidang Ekonomi Terhadap Regulasi Mengenai Keberadaan Modal Asing Dalam Perbankan Di Indonesia), Anissa Rizkytia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Indonesian economy has a backbone in the banking sector to drive the wheels of the national economy through its vital function as a financial intermediary. Indonesian banking is held based on economic democracy with the principle of prudence. However, since the 1998 global economic crisis and the impact of globalization which has affected Indonesia, there have been policy changes including regulatory changes in the Indonesian economic sector. This change is also included in the banking sector, where the flow of liberalization is getting stronger. Before the crisis, foreigners who want to invest in banking can buy a bank's shares …

Orientasi Kebijakan Sistem Resi Gudang Di Indonesia: Suatu Pembacaan Dari Paradigma Critical, Siti Zulaekhah, Suteki Suteki, Paramita Prananingtyas

Jurnal Hukum & Pembangunan

The formation of public policies, including the Warehouse Receipt System in Indonesia, is based on interests, whether sourced from the internalstate or originating from external or other countries environmental factors. Adaptation to external factors cannot be denied because the Indonesian Government has to follow the mechanism that is enforced internationally, mainly in the commercial and financial fields, including banking. This paper aims at analyzing the direction of the warehouse receipt system policy in Indonesia, identifying and describing the policy of the warehouse receipt system and describing it based on the reading of the critical paradigm, and exploring the potential for …

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 …

The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray

William & Mary Bill of Rights Journal

In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts considering …

Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown

William & Mary Bill of Rights Journal

Building on the work of administrative law scholars who have identified and illuminated the several components of the problem over the years, this Article will seek to show what has happened when a cluster of separate circumstances have come together to create a new and serious threat to individual liberty when the President exercises expansive delegated authority. Several doctrinal components lead to this confluence: First, the moribund “intelligible principle” test has evolved to provide little or no constraint on this or any other delegation. Second, a delegation to the President, specifically, is not subject to the procedural requirements of the …

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, …

The Doctor Will Judge You Now, Blair E. Thompson

University of Cincinnati Law Review

No abstract provided.

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …