Good Faith In Contract Drafting Stage: A Study In Light Of French, Emirati, And Moroccan Laws, Dr. Ahmed Ed-Drari

UAEU Law Journal

This study deals with discussing the general duty of good faith as it establishes the criteria for practicing a reasonable manner of freedom within a framework that does not override the legality of what is imposed by the social system.

There is no doubt that the position of the French legislator who codified what was settled by the French judiciary under the civil law of 1804, so that it stipulated the validity of goodwill in all four stages of the contract, starting from its negotiation, conclusion, implementation, and after its end, as it is considered a restriction on behavior that …

The Economic Impact Of Cyberattacks In The United States, Habibullah Asadi

Student Theses

In recent years, the global economy has been beset by cyber-attacks. These events disrupt business and governmental operations, large and small, and include broad-horizon attacks on infrastructure and pointed network takeovers. The attacks can include malicious online activities directed at stealing financial and intellectual property or, manipulating, destroying, and denying access to critical information. Despite increased awareness of these challenges, the victimization of private and public networks continues, and the economic impacts mount daily. This research will present the economic impact of cyberattacks on United States businesses and governmental agencies.

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.

For Whom The Sol Tolls: Examining The Role Of The Discovery Rule And Statutes Of Limitations In Ncaa Concussion Litigation, Joseph Sabin Esq., Andrew L. Goldsmith Ph.D.

UNH Sports Law Review

No abstract provided.

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.

Masthead, Editorial Board

UNH Sports Law Review

No abstract provided.

Antiabortion Civil Remedies And Unwed Fatherhood As Genetic Entitlement, Yvonne F. Lindgren

Faculty Works

Antiabortion civil remedy laws in effect in five states grant putative fathers the right to sue abortion providers for wrongful death regardless of their relationship to the gestating parent. While these laws represent an important new development in the movement to restrict the abortion right, they also expand parental recognition of unwed fathers. Constitutional law requires that unwed fathers who seek to assert parental rights must establish that they possess both biological connection and a relationship with their child or the gestating parent—what has come to be known as “biology-plus.” However, antiabortion civil remedy laws vest parental recognition and rights …

Book Review - Comparative Commercial Contracts: Law, Culture And Economic Development, Second Edition, Benjamin Geva

Articles & Book Chapters

Comparative Commercial Contracts: Law, Culture and Economic Development, Second Edition Boris Kozolchyk (St. Paul, Minnesota: West Academic Publishing, 2019) 1380 + liv pp. US$146

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory …

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

Implementasi Pemusnahan Polychlorinated Biphenyls (Pcbs) Di Indonesia, Florentinus Binsar Tumindi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

This thesis discusses the Implementation of Polychlorinated Biphenyls Elimination in Indonesia. PCBs have a harmful impact on human health and the environment. PCBs are found in many transformers and capacitors. In 2028, PCBs must be destroyed by Indonesian Government. International trade allows the export-import of PCBs based on the General Agreement on Tariffs and Trade (GATT) with the aim of destroying PCBs between countries, with due respect of Article 20 letter ‘b’ of the GATT or what is called environmental exception. The destruction of PCBs can be done through 2 (two) methods or technologies, …

Analisis Wechat Pay & Alipay Sebagai Financial Technology (Fintech) Dari China Yang Telah Resmi Beroperasi Di Indonesia, Farisa Alifah

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The development of technology innovation has played a major role in the implementation of payment system services. The rapid development of the industry and increasing public adoption of smartphones in Indonesia encourage technology and financial companies to use technology as a payment intermediary. This makes mobile payment services as a new payment alternative for the community. Electronic Money is one of the non-cash instruments that is steadily increasing because of its small, fast, and massive value characteristics that make it the preferred payment instrument for the public.This also encourages the development of the electronic trading business (e-commerce) and financial …

Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia – Importation Of Horticultural Products, Animals And Animal Products, Faiz Muhammad Rizky

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

In 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 analyze whether the panel and appellate body decision in the case of Indonesia - Importation of Horticultural Products, Animals and Animal Products is in accordance with the provisions contained in the WTO legal framework. Indonesia’s policies cannot be justified under WTO legal framework, though there are some exceptions of the quantitative restriction provision.

Keywords: Indonesia, WTO, Import, Licencing, Quantitative Restriction

Analisis Yuridis Pembukaan Rahasia Bank Untuk Kepentingan Penegakan Hukum Tindak Pidana Korupsi Yang Ditangani Oleh Komisi Pemberantasan Korupsi, Erwin Sasmita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Bank is a financial intermediary institution that collects funds from the public and distributes them. So that a relationship of trust arises between the public and banking institutions called bank secrecy where everything that is known to the bank about its customers will be kept confidential and not disclosed to anyone except for the applicable laws and regulations. Corruption is an extraordinary crime where the perpetrator usually aims to obtain assets, one of which is money deposited in a bank either on behalf of the perpetrator of corruption or close people who are trusted to deposit the treasure. When …

Mengkaji Kepastian Hukum Dan Perlindungan Hukum Terhadap Investasi Di Indonesia Melalui Lembaga Perizinan Online Single Submission (Oss), Eldbert Christanto Anaya Marbun

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

To drive the national economy, investment is one of the main driving factors that the Government of Indonesia continues to maintain and grow. Various efforts have been made by the Government so that investment can flow rapidly into Indonesia, both PMA and PMDN. One of these efforts is to build a new electronic-based licensing system. Based on Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services or often referred to as OSS, licensing services are made easier. Through the OSS system, licensing for undertaking and investing is simplified. The bureaucracy and lengthy licensing requirements that have …

Konsep Pemberian Hak-Hak Anak Hasil Pernikahan Beda Agama] (Studi Kasus Di Kecamatan Tebet Dan Kecamatan Cilandak Tahun 2021), Diaz Satya Admiral

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

An interfaith marriage is a rare case that happens in Indonesia. However, the case comes about based on love and affection. In this case, the researcher wants to discuss how Islam views the fulfillment of children's rights as an interfaith marriage result. Besides, the researcher also wants to reveal how the point of view of the Indonesian statute guarantees all the children's needs. A researcher is also inclined to know how the reality in the field is especially in fulfilling the children's rights whether it runs appropriately. Meanwhile, this study uses a narrative descriptive qualitative approach. In this case, …

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime …

Penerapan Doktrin Piercing The Corporate Veil Terhadap Negara Pada Holding Badan Usaha Milik Negara, Deny Adi Pratama

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The lack of norm in which created to specifically regulate in regards to group company's conception in Indonesia provoke several problems. The policy on establishing holding BUMN in Indonesia only supervised by Government Regulation Number 72 Year 2016 concerning Change of Government Regulation Number 44 Year 2005 regarding Procedure of Participation and Administration Funds upon State-Owned Enterprises and Limited Liability Company. However, the provision which becomes the legal basis underlying BUMN and Limited Liability Company are supervised upon regulation equals to act. Those of which cause a contradiction amongst both provisions of laws and regulation. The rights and obligations …

Analisis Peraturan Dalam Bidang Penyiaran Televisi Konvensional Dan Penyediaan Layanan Aplikasi Dan/Atau Konten Melalui Internet Over The Top Dalam Perpektif Persaingan Usaha Yang Adil, Billy Nikolas Simanjuntak

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The use of the internet has shifted society habits. Broadcasts that are usually enjoyed through conventional TV are slowly shifting to private broadcasting services based on digital applications or Over the top (“OTT”). This change in habits also changes the market share of Conventional TV service providers and OTT broadcasters. The number of users of OTT services has increased significantly. Despite having the same function, OTT service in principle has a different character from conventional TV. Differences in regulations are a logical consequence of differences in principles and characters even though they have the same function. The difference in …

Analisis Sewa Rahim (Surrogate Mother) Menurut Hukum Perdata Dan Hukum Islam, Adinda Akhsanal Viqria

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Uterus rent (Surrogate Mother) appeared due to the process of modernization, But due to the process of renting the uterus then problems arose in the field of law and religion. From the problems that arise due to the practice of renting the uterus, it is necessary to study that discusses the rental of the uterus according to Islamic law. Problems in this study are the reasons that are allowed or not allowed to perform uterine lease as well as the legal status of children born through uterine lease according to Islamic law. The results of research and discussion show …

Perbandingan Tanggung Jawab Dewan Pengawas Syariah Di Bank Syariah Indonesia Dengan Bank Syariah Di Malaysia, Adhitya K Poundrianagari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The completion of sharia principles and compliance on Sharia Bank are important in running and operating a business of sharia banks. Therefore, roles and responsibilities of Sharia Supervisory Board on Sharia Banks (Dewan Pengawas Syariah, DPS) shall be regulated and well implemented considering every business activity of Sharia Banks must comply with Sharia principles. Currently, supervision duty performed by DPS already well regulated and performed by DPS on Indonesian Sharia Banks, however, it needs to be improved compared to the other country. This journal focused on the study regarding the comparison of responsibilities between DPS on Indonesian Sharia Banks …

Menakar Sistem Online Single Submission Dalam Pp Nomor 24 Tahun 2018 Sebagai Perwujudan Perlindungan Lingkungan, Ade Juang Nirboyo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

License is an instrument of environmental resource management. Law No. 32 of 2009 on Environmental Protection and Management (UU-PPLH) states that environmental permits are integration of various previously separate permits. In order to accelerate licensing including the environmental sector, the government issued PP Number 24 Year 2018 on Electronically Integrated Business Licensing Service (PP OSS). The PP is published in the frame of reorganization of the One Door Integrated Service (PTSP) system through the Online Single Submission (OSS) system. However, with the presence of PP OSS does not transfer the authority and responsibility of issuance to OSS Institutions because …

Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness

Marquette Law Review

In both federal and state courts in the United States, there are significant civil procedure, professional responsibility, and substantive laws addressing presuit lawyer duties on creating, preserving, producing, and protecting information relevant to later civil litigation. These laws speak to lawyer conduct both in personally handling information and in overseeing the information acts of others. To date, the challenges these laws pose to lawyers have not been well examined, or even largely perceived. And, to date, lawyers have been left unaccountable for their personal violations of these duties.

Bringing Predictability To The Chaos Of Punitive Damages, W. Kip Viscusi, Benjamin J. Mcmichael

Vanderbilt Law School Faculty Publications

Punitive damages remain unique in the American legal system. Awarded in the civil context with none of the protections offered in criminal law, courts levy punitive damages to punish and deter. The Supreme Court of the United States has clearly stated that courts may only seek to achieve these two goals when imposing punitive damages. A closer reading of the Court's punitive damages jurisprudence, however, reveals another goal that has largely been ignored: predictability. Unlike punishment and deterrence, predictability is not a purpose for which to award punitive damages. Instead, the Court requires that, when awarded, the level of punitive …

Counting The Cost Of Enlarging The Role Of Adr In Civil Justice, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Access to civil justice in many countries has been plagued by the common challenges of the high cost of litigation, inequality in parties’ financial resources, differing risk appetites and limited judicial resources. Singapore, a common law jurisdiction, recently implemented radical changes to its civil justice regime with effect from 1 April 2022 in order to ensure affordability and timeliness of the civil justice process. As in the United Kingdom, these civil justice reforms are premised on the proportionality principle: they seek to achieve procedure that is proportionate to the claim value and the means of the parties, without unduly compromising …

24th Annual Open Government Summit 2022, Roger Williams University School Of Law, Rhode Island Office Of The Attorney General

School of Law Conferences, Lectures & Events

No abstract provided.