Administrative Law Commons^™

Pembebanan Hak Tanggungan Pada Tanah Yang Belum Bersertipikat, Chenly Martua Sihombing

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In a credit agreement that develops in the community, the Underwriting Right becomes an important requirement to ensure that performance is carried out in accordance with the agreement. The purpose of this study is to analyze related to the imposition of Mortgage Rights on land objects that have not been registered as regulated in Article 10 paragraph (3) of Law Number 4 of 1996 concerning mortgage rights over land along with objects related to land. The mechanism for encumbering Mortgage originating from girik, petok D, letter C or old customary rights which is carried out simultaneously with the first application …

Tinjauan Pengusahaan Air Dalam Pembangunan Plta Menurut Peraturan Perundang-Undangan Tentang Sumber Daya Air, Cerli Febri Ramadani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Changes in regulations regarding water exploitation have occurred in Indonesia and there are many rejections from various parties, namely when the Act No. 7/2004 on Water Resources changed the conception of state control over water resources to management by the private. That is what makes Act No. 7/2004 filed a judicial riview lawsuit to the Constitutional Court, and the end of the COURT's decision to repeal Act No. 7/2004 and re-enact Act No. 11/ 1974 About Watering. Which in Act No. 11/1974 adheres to the principle of joint ventures and family. In 2019 then, the government established a new regulation, …

Pengendalian Peredaran Produk Secara Mandiri Sebagai Instrumen Wajib Dalam Pelaksanaan Tanggung Jawab Sosial Korporasi Rokok: Sebuah Perspektif Sosio-Legal

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The number of smokers and cigarette sales in Indonesia has been increasing every year. In parallel with that, the latent risk faced by society is increased. In the socio-cultural context, the cigarette industry has been transformed into a hegemony whose expansion is unstoppable. The circulation of cigarette products is still become an unresolvable problem. Such problem expands from merely legal issues to the ethical dimension. The corporate social responsibility carried out by the corporation tends to be in favor of promotional motive, or creating false public reputation, which makes its implementation often deviate from its philosophy. Inevitably, the smoking phenomenon …

Sinergitas Satuan Polisi Pamong Praja, Satuan Perlindungan Masyarakat, Dan Kader Siaga Tramtib Dalam Penyelenggaraan Ketenteraman Dan Ketertiban Umum, Arum Adji Wibowo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This article discusses the synergy in the implementation of the public convenience and orderliness. The purpose of this discussion is to introduce a form of people participation in the implementation of the public convenience and orderliness, and to explain how the relationship and also analyze the problems that arise between the Civil Service Police Unit (Satpol PP), the Community Protection Unit (Satlinmas), and the Cadre Siaga Tramtib (KST). To discuss the problems, this article explains the reasons and the background of why Satpol PP involving people participation. In relation to the problems that arise, this article argues that synergizing the …

Perubahan Skema Kerja Sama Pemanfaatan Energi Baru Dan Terbarukan Untuk Penyediaan Tenaga Listrik Menggunakan Tenaga Air, Andi Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The utilization of clean and sustainable energy is one way to maintain energy resistance in particular electrical energy. Indonesia has a commitment to global plan to reduce the effect of greenhouse gases through the utilization of new and renewable energy. National energy mix targets based on national energy plan which puts priority to maximize the use of at least 23% renewable energy in the year 2025. But in the course of the target is experiencing various obstacles one of them is an investment that is not attractive to developers due to the low price of new energy electricity, as well …

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 …

Palestinian Public Service Quality Measurement Using The “Ppsqm” Scale, Nour Mattou, Jehad Alayasa

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aims to bridge the research gap in the topic of the quality of public services in Palestine due to the importance of this issue locally and internationally and provide recommendations to the heads of the public service institutions to address the numerous obstacles and improve the quality of the services provided to the potential customers The problem of this research deals with the lack of the interest of the civil service employees in the quality of the services they offer to their customers. Primary observations showed that these employees tend to provide ambiguous information to their customers. This …

Public Utilities Commission, Madison Orcutt, Rachel Rockwell, Tristan Stidham, R. C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Masthead

California Regulatory Law Reporter

No abstract provided.

"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson

William & Mary Bill of Rights Journal

Prison food is poor quality. The regulations which govern prison food are subpar and unenforceable by prisoners, due in large part to Sandin v. Conner and the Prison Litigation Reform Act. This Article aims to draw attention to the dire food conditions in prisons, explain the lax federal administrative law that permits these conditions, highlight the role of Sandin v. Conner and the Prison Litigation Reform Act in curtailing prisoners’ rights, and criticize the role of the private entity American Correctional Association in enabling mass neglect of prison food. The authors recommend that the Prison Litigation Reform Act be repealed, …

Legitimacy, Legality, Legacy, And The Life Of Democracy, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

The Trump Administration challenged notions of good governance. It challenged our expectation of majoritarian legitimacy to the extent only a minority of voters elected President Donald Trump in 2016. It challenged our demands for reasoned decision-making insofar as the President sought to dismantle the administrative state and govern by fiat. It challenged our expectation of checks and balances in the way it approached appointments and removals to accumulate power at the expense of congressional design. These challenges sound in different legal theories, but they all reflect shattered expectations of good governance. And yet, the most lasting legacy of the Trump …

Making Executioners Out Of Pharmacists: Why South Carolina Should Not Adopt A Lethal Injection Secrecy Statute, Elizabeth T. French

South Carolina Law Review

No abstract provided.

Deference Is Dead, Long Live Chevron, Nathan D. Richardson

Faculty Publications

Chevron v. NRDC has stood for more than 35 years as the central case on judicial review of administrative agencies’ interpretations of statutes. Its contours have long been debated, but more recently it has come under increasing scrutiny, with some—including two sitting Supreme Court Justices—calling for the case to be overturned. Others praise Chevron, calling deference necessary or even inevitable. All seem to agree the doctrine is powerful and important.

This standard account is wrong, however. Chevron is not the influential doctrine it once was and has not been for a long time. It has been eroded from the outside …

The Clean Air Act Of 1963: Postwar Environmental Politics And The Debate Over Federal Power, Adam D. Orford

Scholarly Works

This Article explores the development of the Clean Air Act of 1963, the first law to allow the federal government to fight air pollution rather than study it. The Article focuses on the postwar years (1945-1963) and explores the rise of public health medical research, cooperative federalism, and the desire to harness the powers of the federal government for domestic social improvement, as key precursors to environmental law. It examines the origins of the idea that the federal government should "do something" about air pollution, and how that idea was translated, through drafting, lobbying, politicking, hearings, debate, influence, and votes, …

Informal And Formal Adjudication: Consecutive Stages, Not Alternative Modes, Emily S. Bremer

Journal Articles

Here I will suggest to you that the Administrative Procedure Act’s long tenure and deep familiarity have allowed administrative law to forget an essential concept upon which the statute was predicated. Rediscovering that concept sheds welcome light on the APA’s adjudication provisions.

The Unmeritorious ‘Legality’/‘Merits’ Distinction In Singapore Administrative Law, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Singapore courts often state that judicial review of executive decision-making ought only to involve an inquiry into the ‘legality’ of a decision or the ‘decision-making process’, and not the ‘decision itself’ or its ‘merits’ – let us call this the ‘Distinction’. This paper argues that the Distinction should be expunged from Singapore law. The Distinction has its roots in English case law which aimed to prevent the courts from arbitrarily substituting their decision for the executive’s by reason of mere disagreement. But Singapore case law has gone further and treated the Distinction as a general principle applicable to all …

Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch

Public Land & Resources Law Review

No abstract provided.

Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler

Public Land & Resources Law Review

No abstract provided.

Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo

Public Land & Resources Law Review

No abstract provided.

Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie

Public Land & Resources Law Review

No abstract provided.

The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz

Public Land & Resources Law Review

No abstract provided.

Stifling Nascent Concerted Activity: The Nlrb And The Alstate Decision, Melanie R. Allen

William & Mary Journal of Race, Gender, and Social Justice

The National Labor Relations Board (NLRB) made a number of significant changes to the interpretation and enforcement of the National Labor Relations Act (NLRA or the Act) under the Trump administration. The collective impact of these changes may make it more difficult for workers to bring successful unfair labor practice charges against their employers. Although NLRB case decisions and rulemaking affect a large proportion of American workers, the significance of these policy changes is often not widely recognized. This Note will examine one such change—the Board’s 2019 Alstate Maintenance decision that overturned its 2011 decision in WorldMark by Wyndham.

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 …

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 …