Administrative Law Commons^™

Telemedicine (Online Medical Services) Dalam Era New Normal Ditinjau Berdasarkan Hukum Kesehatan (Studi: Program Telemedicine Indonesia/Temenin Di Rumah Sakit Dr. Cipto Mangunkusumo), Wahyu Andrianto, Amira Budi Athira

Jurnal Hukum & Pembangunan

Health is an important basis for the continuity of human life. Every human being has the right to have access to safe, quality, and affordable health services. However, in reality health services in Indonesia still have several obstacles, for examples the lack of health care for remote areas which is hindered by distance and time. Especially during the Corona Virus Disease 2019 (COVID-19) pandemic, a solution is needed to serve public health without violating the regulations that enforce Large-Scale Social Restrictions (PSBB) to prevent the spread of the virus. For this reason, one of the efforts that can be carried …

Hambatan Dan Prospek Hukum Penyelenggaraan Jasa Notaris Secara Elektronik Di Indonesia Memasuki Era Society 5.0, Muhammad Ricky Ilham Chalid

Jurnal Hukum & Pembangunan

The development of technology, information and communication in the era of society 5.0 makes notaries have to be able to keep up with their ability to provide the best legal services, the best solution for notaries in facing the challenges of changing times is to implement cyber notaries and remote notaries, but this is not immune from the clash of the Indonesian legal system. Things that need to be considered are the reasons why Indonesia has not implemented it, such as the suitability of the application of long distance notaries and cyber notaries from common law to the Indonesian legal …

Buka Siape Sambehin Injin: Komentar Atas Putusan Tentang Izin Lingkungan Pltu Celukan Bawang, Andri Gunawan Wibisana, Fajri Fadhillah

Jurnal Hukum & Pembangunan

This paper examines administrative court’s view in the Izin Lingkungan PLTU Celukan Bawang case. The paper puts emphasis on the use of actual losses to assess the plaintiffs’ legal standing and the deadline for filing a lawsuit. This paper considers that the court was incorrect in interpreting the legal standing by focusing on the absence of plaintiffs’ actual losses. The court also took a conservative position in determining the deadline for filing the lawsuit. This paper criticizes the court’s failure to take into account the issue of climate change addressed by the plaintiffs, so that the court missed a golden …

Pembaruan Hukum Perlindungan Hak Atas Kesehatan Reproduksi Perempuan Di Indonesia, Aulia Nabila, Yunita Desmawati

Jurnal Hukum & Pembangunan

The right to reproductive health is a part of the human rights regime that must be guaranteed by states. Provisions of women’s right to reproductive health in Indonesia are found separately in various legal instruments. However, the regulations are not comprehensive, vague, and gender-biased. Using human rights and feminist perspective, this article analyses the issues relating to women’s right to reproductive health in statutes and other legal instruments, as well as formulates a concept of revision of the law of women’s right to reproductive health. This article concludes that regulations regarding women’s right to reproductive health contain provisions that are …

Mencari Solusi Atas Masalah Pemidanaan Suatu Kebijakan Dengan Tindak Pidana Korupsi Di Indonesia, Muhammad Tanziel Aziezi

Indonesia Criminal Law Review

Constitutional Court Decision Number 25/PUU-XIV/2016 states that the word “dapat” in Article 2 Paragraph (1) and Article 3 of Law Number 31 Year 1999 jo. Law Number 20 of 2001 on Anti-Corruption Law has no binding legal force. This decision departs from the argument that the word "dapat" creates fear and anxiety from state officials about the practice of criminalizing policies with corruption because the word "dapat" causes state losses that do not have to occur in real terms. With this decision, a person can only be said to have violated Article 2 Paragraph (1) and Article 3 of the …

So Sue Me: How The Justice Department Can Protect Children By Suing Indigent Defenders, Joshua Perry

Villanova Law Review (1956 - )

No abstract provided.

Analyzing The Implications Of The Supreme Court's Application Of The Canons Of Construction In Recent Federal Indian Law Cases, Meredith Harris J.D.

American Indian Law Journal

Federal Indian law in the United States has historically relied on application of the Indian Canons of Construction (“Canons”). The courts have relied on these principles since 1832. However, their application has not been consistent. Indeed, the Canons are discretionary which has led to judicial avoidance. Yet, recent Supreme Court opinions demonstrate a resurgence of the Canons and a trend towards a textualist approach, both of which involve greater deference to tribal understandings. Ultimately, the opinions in United States v. Washington, Washington State Dept. of Licensing v. Cougar Den, Herrera v. Wyoming, and McGirt v. Oklahoma, …

Evaporating Into Thin Air: The Prosecution Of Air Pollution Crimes During The Trump Administration, Joshua Ozymy, Melissa Jarrell Ozymy

Michigan Journal of Environmental & Administrative Law

Antagonistic to environmental regulation, the Trump Administration sought to significantly roll back federal clean air law enforcement. Yet, we know very little about the impact of the Administration on air pollution criminal enforcement. Through content analysis of all EPA criminal investigations leading to prosecution, we analyze patterns in charging and sentencing and draw out the broader themes in air pollution prosecutions during this period. Our results show a sizable drop in prosecutions compared to the Obama Administration. Although prosecutors managed to pursue serious crimes involving significant harm and criminal conduct and secure over $2.9 billion in monetary penalties, roughly 160 …

2021 Surveys Of Rhode Island Law

Roger Williams University Law Review

No abstract provided.

Ransomware Warfare: Exploring Global And Private Negotiations To Help U.S. Victims Respond To The Threat, Karina Nad

Cardozo Journal of Conflict Resolution

By weaponizing technology, now more than ever before, cybercriminals are transforming the cyberworld into their new hunting ground. Almost daily, news headlines alert us to a new malicious cyber threat or major data breach. The evolution of cybercrime has created a malicious online environment, or "malspace," that is now inhabited by hacker groups and espionage units from all over the world. As a global concern, the use of powerful online capabilities by hacker groups has led to the "militarization" of cyberspace. Closer to home, critical infrastructure, valuable personal data, and access to medical care has been compromised at alarming rates …

Penerapan Sanksi Pidana Terhadap Perbuatan Pengalihan Barang Jaminan Fidusia (Studi Kasus Pada Polres Serang Kota), Rahmat Wiguna, Benny Irawan, Rena Yulia

Jurnal Hukum & Pembangunan

At this time, many financial institutions (leasing) offer easy credit applications for potential customers. This has attracted consumers to apply for motor vehicle loans, both cars and motorbikes, in leasing companies. However, the problem that has occurred recently in financial institutions is the number of cases concerning the transfer of fiduciary collateral. In fact, the said act has been regulated in statutory regulations which have criminal consequences, namely if the debtor transfers goods or pawns the goods which are guaranteed to be Fiduciary without the creditor's permission, the debtor can be subject to a fiduciary crime. This research aims to …

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. …