Administrative Law Commons^™

Pemutusan Hubungan Kerja Alasan Efisiensi Pasca Putusan Mahkamah Konstitusi No. 19/Puu-Ix/2011 Tanggal 20 Juni 2012, Lorita Fadianty

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Economic instability sometimes causes companies to terminate employment for reasons of efficiency based on Article 164 paragraph 3 of Law No.13 of 2003 concerning Manpower in order to save the company. Termination of employment reasons for efficiency as stipulated in Article 164 paragraph 3 of Law No.13 of 2003 concerning Manpower has been made Judicial Review to the Constitutional Court. The Court Decision No.19/PUU-IX/2011 dated June 20, 2012 states that the termination of employmen with efficiency reason can be done if the company is closed permanently.Conversely,in several Supreme Court decisions and practices in several companies,termination of employment with efficiency reasons …

Tinjauan Hukum Kebijakan Investasi Dalam Pengelolaan Blok Mahakam Terhadap Undang-Undang Dasar 1945, Muhammad Mishbahuddin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In accordance with the 1945 Constitution of Indonesia in article 33 (3) that in essence Natural Resources are very abundant in Indonesia which is controlled by the State to be utilized for the welfare of the life of its citizens. In the sense that the State has a very important role in the management of Natural Resources. Oil and gas are the two most abundant sources of state assets if managed. Therefore, it is unfortunate when important economic sectors that control the livelihoods of many people such as oil and gas are actually controlled by foreigners who are more oriented …

Perspektif Hukum Mengenai Jasa Netflix Di Indonesia Terkait Indonesia Schedule Of Specific Commitment Dalam Lingkup General Agreement Trade In Services, Chorfiranda N.M

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal discusses Netflix services in Indonesia within the scope of the General Agreement on Trade in Services. Netflix is a company from the United States that is engaged in leasing movies and television series with a subscribe system that is digitally distributed. Currently the international regime that includes services is the General Agreement on Trade in Services (GATS). GATS regulates services that have crossed the borders of the World Trade Organization (WTO) member based on GATS principles. This thesis uses the study of normative law with prescriptive research and the conceptual approach. The results of this study indicate that …

Perlindungan Hukum Terhadap Pekerja Penyandang Disabilitas, Ametta Diksa Wiraputra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

A person with a disability is someone who has physical, intellectual, mental and / or sensory limitations for a long time. This research examines and answers problems regarding the protection of workers with disabilities in Indonesia who are currently vulnerable and still experiencing discrimination. Persons with disabilities certainly have the right to get a decent living by working and entrepreneurship as mandated in the 1945 Constitution. The type of research used in this research is descriptive analytical with secondary data types which are then analyzed by qualitative analysis with data obtained from the results of observations and interviews. The results …

Konsep Penerapan Prinsip Business Judgement Rule Pada Keputusan Direksi Badan Usaha Milik Negara (Bumn), Gita Wanda Sesara

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Member of the Board of Directors (Director) of State Owned Enterprises (BUMN) are appointed and dismissed by the Shareholders which if the shares are one hundred percent owned by the government, then he appointment and dismissal of Director are carried out by the government. As an extension of the government, Director are required to be able to manage the company with integrity, prudence, as well as profit-oriented. Director in carrying out the company activities must be able to prove that the decisions are not based on personal decisions, but only for corporate purposes. Director manages the company by adhering to …

Penyelesaian Sengketa Tapal Batas Antara Kabupaten/Kota Berdasarkan Undang-Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah, Harry Setya Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Since the issuance of Law Number 22 Year 1999 concerning Regional Government, many regions in Indonesia have proposed regional expansion. This is suggested by the centralistic model of governance in the New Order era, which causes regions to become undeveloped because they cannot maximize their regional potential. The spirit of pemekaran is based on Regional Autonomy, Regional Autonomy gives the right to regulate, manage their own government affairs in line with the Unitary State of Indonesia. Along with the rapid rate of regional expansion on the other hand new problems have arisen which have not been an important spotlight for …

Penegakan Hukum Terhadap Penertiban Rumah Negara Di Lingkungan Kementerian Keuangan, Hasya Ilma Adhana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Law of the Republic of Indonesia Number 1 of 2011 on Houses and Housing Area rules that “A statehouse is a house owned by state and functioned as a living house or residence, and as a facility to grow a family and to support government officials’ duties.” Ministry of Finance of the Republic of Indonesia has 10.475 statehouses including 4.118 statehouses which lived by person who has no rights or no occupancy. The availability of statehouses owned by the Ministry of Finance is not equivalent to the number of employees. Currently, the Ministry of Finance has 80.524 employees. With regard …

Kepastian Hukum Pengelolaan Sektor Hulu Migas Dengan Kontrak Bagi Hasil Split Yang Bersifat Lintas Sektor Dan Implementasinya Terhadap Pertumbuhan Investasi Disektor Hulu Migas, Bunga Nostalgi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In early 2017, Indonesia establish anew form of Production Sharing Contract (PSC). fromPSC cost recovery to PSC gros split. PSC gross split is expected to be a solution to thedecline upstream oil and gas investment level, and to increase state revenues. ThroughESDM Regulation No. 8/2017 PSC gross split was applied. The basic term by PSC grosssplit are there’s no cost recovery, base split, component variable and component progresifas a compliance of profit sharing adjustments, self procurement by the contractor withoutSKK Migas approval, and Plan Of Development (POD) approval less than one month.This study aims to determine the legal certainty in …

Foreign Direct Investment Negara Kamboja, Amanda Julia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Investment is divided into 2 (two), namely direct investment or commonly known as foreign direct investment and foreign indirect investment. Foreign direct investment provides benefits for a country that applies it, namely increasing socio-economic development, reducing poverty and transferring technology. Of the many benefits of foreign direct investment, it certainly provides a big benefit for developing countries such as Cambodia. The Cambodian Investment Law of 1994 establishes an open and liberal foreign investment regime. All sectors of the economy are open to foreign investment and the government allows 100 percent foreign ownership of companies in most sectors. In order to …

Hubungan Keuangan Pemerintah Pusat Dan Daerah Dalam Penyelenggaraan Jaminan Kesehatan Nasional, Amelia Martira

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia's National Health Security (NHS) has begun since 2014 which give a lot of benefits to people in Indonesia. Access to health care become more easier without giving financial hardship. However, there are some obstacles that Indonesia NHS facing, which one is deficit in pool funding that is not enough to pay the benefits. One of newer solution to overcome this problem is by activating the resources from local government, especially from the funding. Basically, decentralization is the framework of the central and local government relation in Indonesia, by transferring power, authority and financial of health functional assignment to local …

Aspek Hukum Atas Penerbitan Waran Tanpa Hak Memesan Efek Terlebih Dahulu Sebagai Cara Pembayaran Utang Emiten Pasar Modal Indonesia, Arfan Noer Azwad

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In order to debt restructuring activities, a public company may be able to utilize various capital market instruments deemed to be most appropriate to the circumstances of public companies or issuers. One of them is by selling the equity securities either selling stocks, converting bonds in the settlement of debt restructuring, and / or issuing warrants.Warrants issued as part of a restructuring scheme of the Capital Market Issuers in debt repayments certainly have legal risks which certainly have an impact on shareholders, or on creditors.

Analisis Terhadap Peranan Badan Pengawas Pemilu Dalam Menangani Kampanye Hitam Pada Pemilihan Umum Presidenrepublik Indonesia Tahun 2014 Berdasarkan Undang-Undangnomor 15 Tahun 2011 Tentang Penyelenggaraan Pemilihan Umum, Christopher Sinaga

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Black campaigns, especially in the case of Election administrative violations in campaign activities that violatethe campaign provisions as set out in Article 41 Number (1) of the Election Law of the President and VicePresident, can have a negative impact on one of the pairs of candidates for President and Vice President. Thepurpose of this study was to determine the role of the Election Supervisory Body in dealing with blackcampaigns in the 2014 Presidential Election in terms of Law Number 15 of 2011 concerning the Implementationof General Elections. The approach method in this study uses normative legal research. The specifications in …

Logo Dipersimpangan Undang-Undang Hak Cipta Dan Undang-Undang Merek, Danthy Julinentie

"Dharmasisya” Jurnal Program Magister Hukum FHUI

After the enactment of Law No. 28 of 2014 concerning the Copyright of trademark owners who have their own trademark of words and logos are unable to apply for intellectual property protection in the case of a registration / registration application where, if the logo is also a logo used in the protection of the mark, interpretation of the protection of a Work in the form of a logo against the concept of Copyright comparable to the concept of Brand Rights. This goal difference also differentiates the interests of claims of copyright and trademark infringement. In this case there is …

Persyaratan Pencalonan Kepala Daerah Dalam Uu Nomor 10 Tahun 2016 Dan Kaitannya Dengan Pelaksanaan Fungsi Kaderisasi Oleh Partai Politik, Dessy Marliani Listianingsih

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In order to embody a good local governance must start from creating governors who have good competence and quality, this is reflected in training or caderization. In this case, political parties have an important role to carry out their political recruitment functions, in which there are also contributions in caderizationing, selecting, and offering prospective governors to the people through the elections. Governors who are offered to the people through the elections should be a product of a gradual and continuous caderization. Therefore, the contents of the Law number 10 of 2016 as a legal platform for the election of regional …

Urgensi Meratifikasi Framework Convention On Tobacco Control (Fctc) Dalam Upaya Pengendalian Konsumsi Tembakau Di Indonesia, Fajar Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The current problem of tobacco consumption has become a global issue that covers almost all aspect of life, both economic, social and community welfare aspects, especially for the health aspects because of the impact of the healt losses they cause. Cigarette consumption in Indonesia continues to experience a significant increase. Indonesia is the thrid country with the highest number of smokers in the world. Global tobacco consumption control has been stated in Framework Convention on Tobacco Control (FCTC) since 2003, hut until now Indonesia has not ratified that FCTC. As part of the civilization of the international community, it is …

Kekuasaan Pengawasan Ombudsman Republik Indonesia Dalam Memastikan Hak Setiap Orang Bebas Dari Penyiksaan Dan Perbuatan Merendahkan Derajat Manusia, Gatot Goei

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The establishment of Ombudsman had been officially established on 2000, based on presidential decree number 44/2000 of Ombudsman Commission of Republic Indonesia. It was later strengthened by Law Number 37/2008 of Ombudsman Republic Indonesia. As one of State Auxiliary Body, Ombudsman exercises one of Legislative's powers, which is supervision function. Its feature adhered is to ensure the state administrators to practice their duty in giving public services. Ombudsman also partakes in guaranteeing the fulfillment of community rights by service provider, basedon enforced law, without discrimination and in line with the public services law. Ombudsman RI participates in protecting people from …

Etika Bisnis Pelaku Usaha Yang Merugikan Konsumen Dalam Hukum Persaingan Usaha, Hirmawati Fanny Tainpubolon

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Competition between business actors has been carried out in ways that are unfair so that there will be consumers who are hammed. This is because there is no honesty regarding the quality of goods offered for circulation by certain business actors by stating that the products they offer are of the highest class quality even though there are hidden defects covered, if this situation occurs in a protracted manner, consumers will suffer a lot of losses. Through the study of juridical analysis and using library research, the author examines two main issues, namely how business competition and business ethics among …

Perspektif Budaya Hukum Dalam Perkembangan Kasus Korupsi Di Indonesia, Fakhruddin Odhy

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In Indonesian society whose culture and social structure are complex, law functions more as a means of community renewal, law grows more from the part of society that has power and authority which can be a reflection of public interests. The fundamental problem in Indonesia is the legal culture that has not been going well. Legal conditions that are still rife in corruption cases being facedIn a legal culture perspective corruption shows behavior that is contrary to the values and norms of honesty, social, religion or law. Corruption itself is classified as a serious crime because it can disrupt economic …

Tinjauan Yuridis Penjaminan Simpanan Bank Dalam Likuidasi Terkait Simpanan Unrecorded Akibat Fraud Yang Dilakukan Oknum Bank, Dwinanto Prakoso

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bank as an agent of development aims to support the implementation of national development in order to improve the distribution of development and its results, economic growth, and national stability towards improving welfare of many people. In the impelemntation of the bank role as an agent of development, banks must carry out their business activities by taking into account public trust in the business of the bank. One of the efforts to maintain public trust in the activity of raising funds by banks, in year 2004 the government established the Deposit Insurance Corporation. One of the functions of the Indonesian …

Kesiapan Indonesia Dalam Memenuhi Nationally Determined Contribution (Ndc) Seb Agaiimplement Asi Paris Agreement Terkait Restorasi Lahan Gambut, Bela Titis Gantika Br Panggabean

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia has stated its participation in one of the Climate Agreement, namely Paris Agreement, in the context of reducing GHG emission. In its implementation, Paris Agreement provides obligations for the Parties to conduct a Nationally Determined Contribution, in which there are targets to be achieved in an effort to reduce GHG emissions, in accordance with the domestic conditions of the participating countries. Undoubtedly, each state has different priorities in efforts to reduce GHG emissions, including Indonesia. Natural disasters such as forest and peatland fires that often occur in Indonesia are considered by the government to prioritize forest and peatland restoration …

Reformasi Birokrasi Bidang Perizinan Penyelenggaraan Telekomunikasi Melalui Pelayanan Perizinan Berusaha Terintegrasi Secara Elektronik (Sistem Oss), Eka Sakti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bureaucratic reform is expected to improve public services for public and to attain Good Governance for a country. In Indonesia, bureaucratic reform is carried out in various aspects and fields, one of which is the licensing bureaucracy of telecommunications in Indonesia through the implementation of the OSS System which is an effort to accelerate business licensing in Indonesia based on PP No. 24 of 2018 and Regulation of the Minister of Communication and Information No. 7 of 2018. In this case, the OSS System reforms business licensing regulations in terms of time, stages, and utilization of technological developments as an …

Consular Formalities Dalam Peraturan Kepala Badan Pengawas Obat Dan Makanan Nomor 26 Tahun 2018 Terkait Kebijakan Hambatan Non Tarif Perdagangan Impor Obat Tradisional, Hendry Ardi Marpaung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

II of the Inventory of Non-Tariff Measures (Industrial Products) specifically in the description of Customs and non-tariff barriers regarding Administrative Entry Procedures state that consular formalities are a type of non-tariff barrier. Fulfillment of certificate of free sale or certificate of pharmaceutical as a parts of consular formalityes issued by authorized government agencies in the country of origin and has been authorized by representatives of the Government of the Republic of Indonesia in obtaining Import Certificates against traditional drug import trade which should not commitment of Indonesia in international trade indicates the existence of non-tariff barriers carried out by Indonesia. …

Judicial And Legislative Development In The Field Of Administrative Contract Disputes And Its Adverse Impact On The Theory Of Dichotomy Of Administrative Decisions, Muhammad Salim Amin, Ali Yunus Ismail

UAEU Law Journal

The study deals with the latest judicial and legislative developments in the field of administrative contract disputes, as both the judiciary and legislation, especially in France, worked to develop a number of solutions to confront problems that were facing the right of others to challenge the administrative contract, whether the issue related to previous acts to conclude the contract And paved for it, or in some subsequent acts on the implementation of the contract, and even in the validity of the contract itself.

Moreover, the study included an explanation of the modern French judicial position regarding opening the way for …

Public Interest As A Criterion For The Legality Of Administration Acts, Omar Al- Bourini

UAEU Law Journal

Public administration assumes various actions that vary in their nature, appearances and implications. In order to perform these administration functions, the administration has to have an authority for achieving certain goals. The authority is not considered a privilege that can be used however and whenever the administration likes. On the contrary, these should be used for certain goals, that is, public interest. Public interest as a term is a wide concept, which usually raises many problematic issues concerning the administrative action since it is the aim of any authorized work. Consequently, the range of the administrations submission to the law …

Retroactive Liability For Clean-Up Of Hazardous Waste In Atlas V. United States: The Nuclear Industry's Failed Attempt To Make The Government Pay, Mary Boaz

Journal of Natural Resources & Environmental Law

No abstract provided.

The Applicant Violator System Under Smcra: Ownership And Control Regulations, Chauncey S. R. Curtz, Karen J. Greenwell

Journal of Natural Resources & Environmental Law

No abstract provided.

Edf V. Epa: The Dispute Surrounding Mining Waste Regulation Under The Bevill Amendment, Yvette R. Hurt

Journal of Natural Resources & Environmental Law

No abstract provided.

Inequitable Valuation In Regulatory Takings Cases: Compensation That "Goes Too Far", Lori C. Hudson

Journal of Natural Resources & Environmental Law

No abstract provided.

Pre-Rulemaking Regulatory Development Activities And Sources As Variables In The Rulemaking Fairness Calculus: Taking A Soft Look At The Ex-Apa Side Of Environmental Policy Rulemakings, Blair P. Bremberg

Journal of Natural Resources & Environmental Law

No abstract provided.

Financial Administrative Corruption: Its Causes, Effects And Means Of Combating It., Nawaf Salem Kanaan

UAEU Law Journal

The purpose of this study is to identify and analyse the issue of administrative and fiscal corruption. It emphasizes the importance of the fight against corruption, both in Islam and international conventions and exposes the causes of corruption such as bribery, embezzlement and money laundering.

The study, deals with the impact of corruption on development, administrative reform, national economy and social conditions. It also explores the means to confront corruption in constitutions, legislations, penal codes, judicial, administrative and fiscal reviews, especially the administrative means such as the creation of an institution to fight corruption, to establish a standard of official’s …