Comparative and Foreign Law Commons^™

Mempertanyakan Pancasila Sebagai Grundnorm: Suatu Refleksi Kritis Dalam Perspektif Fondasionalisme, E. Fernando M. Manullang

Jurnal Hukum & Pembangunan

Legal scholars in Indonesia discuss whether Pancasila is grundnorm or not. Grundnorm according to Hans Kelsen is the basis for validity of legal norms. Kelsen is therefore considered a foundational scholar according to Luc J. Wintgens. Meanwhile, in the view of foundationalism, certain foundation can be accepted if such foundation becomes belief. Thus, saying that Pancasila is basic norm or not, in the view of foundationalism shall answer whether Pancasila is a belief or not. Instead of continuing the debates whether Pancasila is a grundnorm or not, this article instead takes the pre-debates stands, namely reflecting critically the question Pancasila …

On Proposal To Regulate Abuse Of Superior Bargaining Position: Lessons From Other Jurisdictions, Meirani Suyawan, Kurnia Togar Pandapotan Tanjung

Jurnal Hukum & Pembangunan

The latest version of the draft bill regarding Law on the Prohibition of Monopolistic Practices and Unfair Business Competition has added new arrangements about the abuse of a superior bargaining position. The new law proposal which is intended to amend existing Indonesian competition law (Law Number 5 Year 1999) stipulates that any business actor is prohibited from abuse its superior bargaining position within a partnership agreement with other less dominant entities. Under Law Number 20 Year 2008 on Micro, Small and Medium Enterprises, a partnership agreement means any agreement made between micro, small and medium enterprises and large enterprises like …

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

Jurnal Hukum & Pembangunan

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 …

Analisis Hukum Skema Kontrak Gross Split Terhadap Peningkatan Investasi Hulu Minyak Dan Gas Bumi, Muhammad Fajri

Jurnal Hukum & Pembangunan

As a solution to the problems of the Cost Recovery production sharing contract system, the Government of Indonesia through the Ministry of Energy and Mineral Resources issued Minister of Energy and Mineral Resources of the Republic of Indonesia Regulation Number 08 of 2017 concerning Gross Split Production Sharing Contracts. This new regulation is motivated by the low number and length of time of the discovery of oil and gas reserves, along with the Non-Tax State Revenue (PNBP) which continues to decline in the upstream oil and gas sector. The Gross Split profit sharing scheme also offers bureaucratic cuts in investment …

Partisipasi Perempuan Dalam Proses Pengambilan Keputusan Di Dewan Adat Terkait Dengan Penyelesaian Kasus-Kasus Kekerasan Terhadap Perempuan: Kisah Dari Atambua, Sumba Timur, Rote Dan Labuan Bajo, Lidwina Inge Nurtjahyo

Jurnal Hukum & Pembangunan

Based on Convention on Elimination of Discrimination Against Women, especially in Articles 2c, 5a, 7b and c, 15 (1) and (2) women and men are equal. If there are any discriminations, the states which have ratified the Convention shall eliminate the discriminations from rules or tradition or practices. Women in some indigenous communities have some limitation in decision making process, even in the process to get solution in violence aghaainst women cases. For examples in Rote, Labuan Bajo, East Sumba and Atambua (East Nusa Tenggara) women have limited access to the decision-making process in indigenous forums even in cases of …

Pengembangan Kapasitas Usaha Kecil Menengah Dalam Memanfaatkan Sistem Hak Kekayaan Intelektual Bagi Peningkatan Daya Saing Usaha, Ranggalawe Suryasaladin

Jurnal Hukum & Pembangunan

As a main contributor to Indonesia GDP, Small and Medium Enterprises should be assisted by Goverment and University in order to expand its capacity in managing their intangible assets and intellectual property. The efforts in giving guidance to SMEs in managing its IP and take a benefit of IP systems could be on the mapping of problems faced by SMEs in managing its IP and addressing a better policy recommendation suitable to solves it problems. This article streghtening the arguments that to enhance Indonesia SME capacities in managing its IP , the government institutions and university have to coopertate in …

Merekonstruksi Paradigma Gugatan Citizen Lawsuit Di Indonesia Sebagai Sengketa Administrasi, Muhammad Adiguna Bimasakti

Jurnal Hukum & Pembangunan

Citizen Lawsuit is an alternative law enforcement mechanism for citizens. Every citizen has the same right to file a Citizen Lawsuit in the court. However, the problems are that there is no definite regulation regarding the authority to adjudicate Citizen Lawsuit, and its contact with the “Judicial Review” which is the constitutional authority of the Supreme Court. In addition there are also problems related to discretionary authority where there is a prohibition for judges to judge the good and bad of the government's discretionary actions. This paper tries to answer these problems through normative and theoretical approaches. The contact between …

Urgensi Revisi Undang-Undang Nomor 6 Tahun 2014 Tentang Desa Perihal Pembangunan Desa, Dian Herdiana

Jurnal Hukum & Pembangunan

The enactment of Law Number 6 of 2014 on Villages brings optimism to the creation of village development that is able to realize village autonomy. But in practice, the Village Law has not been able to realize the development goals. On this basis, this article is intended to examine village development from the perspective of the substance of the Village Law. The method used in this study is a juridical-normative method with a descriptive approach. The results of the study show that the substance of the Village Law does not give full authority to the villages in local-participatory development, even …

Politik Hukum Pidana Terhadap Perbuatan Narapidana Melarikan Diri Dari Lembaga Pemasyarakatan Di Indonesia, Muhammad Fatahillah Akbar

Jurnal Hukum & Pembangunan

Prison escape has been committed by many prisoners in several correctional institutions in Indonesia. Since it is not a crime under Indonesian Law, the punishment of the action is merely an discipline sanction. Then, the existing punishment is not sufficient to prevent and eradicate prison escape. Hence, the rehabilitation by the correctional system will never work. This paper aims to analyse how the existing legislation regulates on the prison escape and how the viable regulation in prison escape. It is proven than in the Act on Correctional Institution and in the other relevan regulations, prison escape can never be investigated …

Peran Dan Fungsi Notaris Dalam Pembuatan Kontrak Bagi Hasil Minyak Dan Gas Bumi Di Indonesia, Zakia Vonna, Sri Walny Rahayu, M. Nur

Jurnal Hukum & Pembangunan

This article describes contract as one of the essential elements in commercial law, one of which is the oil and gas sector. Therefore, in drafting the contract in the sector, requirements set in prevailing laws and regulation need to be met. In practice, notaries are often involved as public officials in the process of contract drafting in accordance with Article 15 of Law No 2 of 2014 regarding the amendment for Law No 30 of 2004 regarding the Legal Constitution of Notary Public Profession, because they are state officials who are authorized to draft and ratify contracts. This research was …

Legalization Of Abortion Against Victims Of Rape Crimes Viewed From Victimology Perspective, Siska Elvandari

Jurnal Hukum & Pembangunan

One of human rights guaranteed and protected in the 1945 Constitution is the right to live and maintain life, stated in Article 28 A of the 1945 Constitution. The right to live and maintain life is the highest right that is inherent in human beings as the subject of law since humans were born to death in the world. The right to live and maintain life is not only inherent in human beings who have been born, but also in humans or children who are still in the womb, stated in Article II of the Civil Code that "Children are …

Peliputan Secara Langsung Persidangan Perkara Pidana Oleh Media Televisi Dihubungkan Dengan Asas Pemeriksaan Di Pengadilan Terbuka Untuk Umum Dalam Rangka Pembaharuan Hukum Acara Pidana, Merti Ardilla, Elis Rusmiati, Ijud Tajudin

Jurnal Hukum & Pembangunan

In the practice of judiciary in Indonesia, the phenomenon of direct trial of cases of punishment by the press appeared and then broadcast live through television media, this could occur in a situation as a trial announced for the public. This practice has a negative impact, among others, will refute the principle of the presumption of innocence and have an impact on the evidence at the trial. This study aims to find out and analyze the provisions regarding the coverage of trials in court by disputes with the public interest and the principle of examination at the trial open to …

Pencemaran Nama Baik Dan Penghinaan Melalui Media Teknologi Informasi Komunikasi Di Indonesia Pasca Amandemen Uu Ite, Anton Hendrik Samudra

Jurnal Hukum & Pembangunan

The amendment of the ITE Law is conducted to provide better legal certainty. This is an effort to respond to society development and aims to provide better legal protection and justice. The implementation of freedom of expression in the media of Information Communication Technology (ICT) affecting the number of defamation. With the amendment of ITE law, it is necessary to examine the nature of defamation offense and libel through ICT media.

Pelaksanaan E-Court Menurut Perma Nomor 3 Tahun 2018 Tentang Administrasi Perkara Di Pengadilan Secara Elektronik Dan E-Litigation Menurut Perma Nomor 1 Tahun 2019 Tentang Administrasi Perkara Dan Persidangan Di Pengadilan Secara Elektronik (Studi Di Pengadilan Negeri Di Indonesia), Sonyendah Retnaningsih, Disriani Latifah Soroinda Nasution, Rouli Anita Velentina, Kelly Manthovani

Jurnal Hukum & Pembangunan

The process of resolving cases at a trial is not always carried out conventionally ie the parties come directly to the trial but can be done online. This is marked by the launch of the e-court application on July 13, 2018. With the launch of the e-court application, the Supreme Court has moved towards electronic justice which will fundamentally change the practice of litigation services in the courts. Since the issuance of Supreme Court Regulation No. 1 of 2019 concerning Administrative of Cases and Trials in Electronic Courts on August 19, 2019, the Supreme Court Regulation No. 3 of 2018 …

Rule Of Law, Neoliberalisme Dan Proyek Reformasi Hukum World Bank: Perspektif Critical Legal Studies, Syahriza Alkohir Anggoro

Jurnal Hukum & Pembangunan

The emergence of World Bank legal reform projects in promoting the rule of law has been successful to encourage third world countries to reform their legal aspects to help formulate market friendly policy. This article tries to question the concept of rule of law that is materialized in many World Bank legal reform projects by using critical legal perspective to analysis legal scholarship on the role of law in the context of development. It trying to present an alternative explanation of World Bank’s rule of law which we are hypothetizing as a neoliberal concept. World Bank’s rule of law are …

Preparing Legal Frameworks For Environmental Disasters: Practical Considerations For Host States, Brooke Guven, Perrine Toledano, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

Projects in the extractives sector carry risks of lasting, and sometimes irreversible, damage to the environment. Nonetheless, these projects are important for accelerating the economic development of host countries. Governments seeking to mitigate the adverse effects of foreign investment often face pushback from investors that are unwilling to change their practices in order to avert environmental disaster. This report sets forth certain steps that host-governments can take during the pre-investment, operation, and enforcement phases of extractives projects to provide financial and other protection in the context of environmental disasters associated with private sector investments.

Upon comparative review of five Case …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo

Brooklyn Journal of International Law

Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …

A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell

Loyola of Los Angeles International and Comparative Law Review

Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Safe And Efficient Development Of Offshore Transboundary Hydrocarbons: Best Practices From The North Sea And Their Application To The Gulf Of Mexico, Elise Aldendifer, Mckenzie Coe, Taylor Faught, Ian Klein, Peter Kuylen, Keeli Lane, Robert Loughran, Kristin Newby, Morgan Parker, Megan Pharis, John Thomas, Braxton Wood

EENRS Program Reports & Publications

Offshore hydrocarbon resources have been developed for many decades, and with technology improvements, many fields which were once impossible to develop, are now economically and technologically feasible. This has led to a growing difficulty in determining the legislative and regulatory framework for resources that straddle the recognized borders between two states. In this paper, we examine a successful framework agreement governing the transboundary resources between the United Kingdom (“U.K.”) and Norway in the North Sea, and the agreement between the United States and Mexico governing the Gulf of Mexico. Following the 2013 Energy Reform, the Mexican energy sector has been …

A Georgist Perspective Of Petroleum Taxation, Joseph Leeson

Indiana Journal of Global Legal Studies

Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership. This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George. George's public finance theory has been described as having received "intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of …

The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers

Indiana Journal of Global Legal Studies

"Space law," much like outer space itself, still remains largely un­navigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …

Lembaga Quasi Non Governmental Organization (Quango) Dalam Sistem Ketatanegaraan Indonesia: Majelis Ulama Indonesia, Ali Abdilah, Rico Novianto

Jurnal Hukum & Pembangunan

Quasi Non-Governmental Organization institution or Quango is not as wellknown as other state institutions in Indonesia. However, it does not mean this institution does not exist in Indonesia. This article discusses the existence of Quango institution in Indonesian state institutions, especially Majelis Ulama Indonesia (MUI). This article explains the definition of Quango and the characteristics of Quango in several countries. Moreover, based on this article, it is believed that MUI can be classified as Quango in Indonesia state Institutions. To attain the expected result, this contribution employs normative legal studies by using some literature regarding Quango and its existence in …

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Draining The Flooded Markets: Tariffs, Suniva & Solar Energy Investment, Michael A. Stroup

Indiana Journal of Global Legal Studies

Demand for solar energy in the United States has increased significantly over the past half century. Despite the falling costs of solar infrastructure, the United States solar energy market is at a turning point. In 2017, two insolvent U.S. solar manufacturers, Suniva and SolarWorld America, successfully petitioned the International Trade Commission (ITC) to invoke Section 201 of the 1974 Trade Act. The two U.S. manufacturers argued that a surplus of imported Chinese solar panels has driven the cost of solar infrastructure too low and forced them out of the market. The ITC responded by recommending tariffs on global solar photovoltaic …

Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious, …

Whose Land Is It Anyway? Navigating Ghana's Complex Land System, Aimee Kline, Élan Moore, Elizabeth Ramey, Kevin Hernandez, Lauren Ehrhardt, Megan Reed, Morgan Parker, Samantha Henson, Taylor Winn, Taylor Wood

Texas A&M Law Review

This Article dives into Ghana’s complex land-registration system, which is influenced by both statutory and customary law. Section II discusses Ghana’s statutory land laws. Section III provides a brief overview of Ghana’s customary land laws. Section IV discusses several obstacles within Ghana’s land-administration system.