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Articles 751 - 780 of 2679
Full-Text Articles in Administrative Law
Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat
Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat
Jurnal Hukum & Pembangunan
Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …
Tanggung Jawab Negara Terhadap Eksistensi Masyarakat Pemukim Di Atas Air (Studi Kasus: Suku Bajo Desa Samabahari, Kabupaten Wakatobi), Aditya Nurahmani An
Tanggung Jawab Negara Terhadap Eksistensi Masyarakat Pemukim Di Atas Air (Studi Kasus: Suku Bajo Desa Samabahari, Kabupaten Wakatobi), Aditya Nurahmani An
Jurnal Hukum & Pembangunan
The settler communities on the water are like the Bajo tribe, they have had a tradition of living on the water and in coastal areas for generations even before Indonesia became independent. The settler communities on the water have faced various problems such as legal certainty for settlements, threats of eviction, difficulty in accessing clean water and acts of discrimination. In this research, there are 2 (two) things to be studied, firstly what is the position of the settler community on the water in terms of the principle of common property resources in marine management and secondly what is …
Analisis Perbandingan Struktural Dan Karakteristik Badan Usaha Milik Negara Indonesia Dengan Malaysia, Raihan Fathurrahman
Analisis Perbandingan Struktural Dan Karakteristik Badan Usaha Milik Negara Indonesia Dengan Malaysia, Raihan Fathurrahman
Jurnal Hukum & Pembangunan
The comparative analysis of the structural and characteristic aspects of State-Owned Enterprises (BUMN) in Indonesia and Malaysia highlights differences in their approaches to managing these state-owned companies. In Indonesia, BUMN are regulated by Law No. 19 of 2003, which divides BUMN into Persero and Perum. However, bureaucratic structures with strict hierarchies and political intervention often hinder market efficiency and responsiveness. Meanwhile, Government-Linked Companies (GLCs) in Malaysia, under the supervision of Khazanah Nasional Berhad, demonstrate a more streamlined and flexible structure. They operate with higher autonomy and tight supervision, enabling quicker responses to market changes. In terms of governance, Indonesia applies …
Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab
Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab
Jurnal Hukum & Pembangunan
The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …
Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini
Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini
Jurnal Hukum & Pembangunan
Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
You Can Grow Your Own Way: Maine's Constitutional "Right To Food" Amendment, Kristin Hebert
You Can Grow Your Own Way: Maine's Constitutional "Right To Food" Amendment, Kristin Hebert
Maine Law Review
Maine is the first state to constitutionalize a right to food. This is significant not only because no other states have enshrined such a right, but because this is Maine’s first foray into constitutionalizing any new individual rights. This raises a host of questions for courts to grapple with: What level of scrutiny should apply? What kinds of protections does this right afford? What are its limitations? This Comment offers a framework for courts to use when interpreting the right to food that is grounded in the legislative and voter intent. Given the amendment’s broad language, this comment argues that …
A Major Question For Administrative Law: How Are Courts Applying The Major Questions Doctrine Post West Virginia V. Epa?, Christopher Eckhardt
A Major Question For Administrative Law: How Are Courts Applying The Major Questions Doctrine Post West Virginia V. Epa?, Christopher Eckhardt
Catholic University Law Review
On June 30, 2022, judicial deference toward actions of administrative agencies took a significant hit. In West Virginia v. EPA, the Court formally recognized—for the first time—the major questions doctrine, which requires agencies to identify clear congressional authorization when claiming the authority to make decisions of vast economic and political significance. Since June 30, 2022, the Supreme Court has utilized the major questions doctrine in decisions of national importance, including topics ranging from environmental protection efforts to cancelling student debt. This note offers a snapshot of how the major questions doctrine has been applied by federal courts across the country …
Perubahan Paradigma Dalam Penyusunan Rencana Detail Tata Ruang Yang Berkelanjutan Dan Menjamin Kepastian Hukum Pasca Politik Hukum Cipta Kerja Di Indonesia, Maret Priyanta, Cut Sabina Anasya Zulkarnain
Perubahan Paradigma Dalam Penyusunan Rencana Detail Tata Ruang Yang Berkelanjutan Dan Menjamin Kepastian Hukum Pasca Politik Hukum Cipta Kerja Di Indonesia, Maret Priyanta, Cut Sabina Anasya Zulkarnain
Jurnal Hukum & Pembangunan
The amendment to the RDTR enactment in Law Number 6 of 2023 concerning the Enactment of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law is aimed at ensuring the essence of hierarchy and the operationalization of general plans runs in accordance with the concept of plan hierarchy. Previously, equality of enactment forms were applied by the principle of lex specialis derogat legi generalis, which essentially caused the RDTR to be able to correct RTRW content material due to the equality of the enactment forms. In practice, the synergy of the position and content …
Peran Baru Dan Kewenangan Khusus Jakarta Pasca Pemindahan Ibu Kota Negara, Rozi Beni
Peran Baru Dan Kewenangan Khusus Jakarta Pasca Pemindahan Ibu Kota Negara, Rozi Beni
Jurnal Hukum & Pembangunan
After the relocation of the National Capital to the Nusantara, Jakarta has a new role as the National Economic Center and Global City. This new role also becomes the basis for maintaining Jakarta's special status as the National Capital. Jakarta's new role and special authority are outlined in the Jakarta Special Regional Law (JSR Law). As a special region, Jakarta also has special authority. At the conceptual level, the regulation and management of Jakarta's special authority apply the types of administrative decentralization, political decentralization, and fiscal decentralization. Furthermore, in addition to changing its role as the National Economic Center and …
Public Lands And Native Americans: A Guide To Current Issues, John D. Leshy
Public Lands And Native Americans: A Guide To Current Issues, John D. Leshy
Public Land & Resources Law Review
No abstract provided.
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
Public Land & Resources Law Review
No abstract provided.
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Public Land & Resources Law Review
No abstract provided.
Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White
Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White
Public Land & Resources Law Review
No abstract provided.
Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell
Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell
Public Land & Resources Law Review
No abstract provided.
Exemplary Brief For Respondent, Skylee James, Lauren Bretz
Exemplary Brief For Respondent, Skylee James, Lauren Bretz
Public Land & Resources Law Review
No abstract provided.
Held V. State, Cause No. Cdv-2020-307, Amber C. Ellison
Held V. State, Cause No. Cdv-2020-307, Amber C. Ellison
Public Land & Resources Law Review
No abstract provided.
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
DePaul Business & Commercial Law Journal
No abstract provided.
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
DePaul Business & Commercial Law Journal
No abstract provided.
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
DePaul Business & Commercial Law Journal
No abstract provided.
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
DePaul Business & Commercial Law Journal
No abstract provided.
Rays Of Hope For The Administrative State, Peter L. Strauss
Rays Of Hope For The Administrative State, Peter L. Strauss
Faculty Scholarship
The assault on Chevron has not yet been resolved, but it is next to impossible to believe that the sensible Justices of the Court will go any further than to reaffirm that deciding questions of the scope of agency authority is exclusively for judicial resolution (though perhaps with Skidmore-like attention to the views of the agency, so much more familiar with its statutes as a whole). This was the position clearly taken by the Court in 1940, in United States v. American Trucking Ass’ns., and to go beyond it into decision, rather than review, of agency judgments would …