Constitutional Law Commons^™

How (Not) To Deal With The Bubble Effect In Cyberspace: The Case Of The Eu And Digital Services Act, João Tornada

Brooklyn Journal of International Law

Deliberative democracies are based on an ideal process of speech and dialogue that fosters an “uninhibited, robust, and wide-open” public discourse sphere. In cyberspace, social networks and search engine platforms largely operate with recommender systems that tailor content according to the users' interests and online behavior (“profiling”), thus segregating them from different points of view (“bubble effect”). While this personalization of content is particularly efficient to promote commercial goods and services, when it comes to information of common interest, especially on political matters, it undermines consensus-building dialogue and threatens democratic ideals. The theory of a free “marketplace of ideas” justifies …

Hak Warga Masyarakat Terhadap Kebijakan Pemutusan Akses Penyelenggara Sistem Elektronik Lingkup Privat Yang Tidak Terdaftar, Rinalvin Achmad Wiryawan

Jurnal Hukum & Pembangunan

The policy of terminating access to Private Scope Electronic System Providers (Private Scope PSE), to several internet platforms including: Paypal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin, which occurred on July 30, 2022. The termination of Private Scope PSE Access is due to the unregistered Private Scope PSE, whose provisions are regulated in the Permenkominfo PSE Private Scope. The policy of terminating access to the Private Scope PSE by the government is detrimental to citizens as users of the Private Scope PSE platform services whose access is terminated by the Government. Citizens have the right to communicate …

Putusan Pengadilan Mengenai Biaya Ganti Rugi Lingkungan: Aplikasinya Dalam Pemulihan Lingkungan, Rizqya Nafila Putri, Dadang Epi Sukarsa, Imamulhadi Imamulhadi

Jurnal Hukum & Pembangunan

Abstract

Indonesia through Law Number 32 of 2009 concerning Environmental Protection and Management regulates the government has the right to file claims for compensation and certain actions. Minister of the Environment Regulation Number 7 of 2014 concerning Compensation for Environmental Pollution and/or Damage, as a derivative regulation, regulates that environmental compensation costs that have been paid are entered into the Treasury Fund as Non-Tax State Revenue (PNBP). This research identifies the mechanism for using environmental compensation costs, the implementation of court decisions containing environmental compensation before Supreme Court Regulation Number 1 of 2023 concerning Guidelines for Adjudicating Environmental Cases, and …

Kedudukan Otorita Ibu Kota Nusantara Dalam Ketatanegaraan Indonesia, Syarif Anwar Said Al-Hamid, Ade Arif Firmansyah, Siti Khoiriah

Jurnal Hukum & Pembangunan

Otorita of the capital city of the nusantara is a state institution formed by Law Number 3 of 2022 concerning the State Capital which is then regulated in more detail through Presidential Regulation Number 62 of 2022 concerning Otorita of the capital city of the nusantara which becomes a special regional government for the national capital in implementing the development of the capital city archipelago. Head of otorita the capital city of the nusantara is the head of the regional government specifically for the national capital who is elected, appointed and dismissed by the president with the approval of the …

Penanaman Modal Asing Di Ibu Kota Nusantara Melalui Skema Kerja Sama Pemerintah Dengan Badan Usaha, Riki Taufik Rakhmani

Jurnal Hukum & Pembangunan

One of the sources of funding for the development of Ibu Kota Nusantara is through the Public-Private Partnership (PPP) scheme. From the private sector's perspective, the PPP scheme provides access, particularly for foreign investors, to participate in providing infrastructure for the public's benefit. In order to attract foreign investors to participate in PPP for Ibu Kota Nusantara, the government can provide support, including transaction preparation and implementation facilities, feasibility support, tax incentives, government guarantees, and/or the use of state-owned assets. Guarantee for infrastructure provision through PPP is given against infrastructure risks caused by factors determined in the Minister of Finance …

Kesultanan Buton Dalam Bingkai Ketatanegaraan Dan Budaya Indonesia, Rahmadhona Rahmadhona

Jurnal Hukum & Pembangunan

Buton is a region located in Bau-Bau City, Southeast Sulawesi. The Sultanate of Buton began to show its existence since the beginning of the 15th century after previously running a government system with royal government. The Buton Sultanate, based on Islam, ran a democratic system of government. The state administration of the Buton Sultanate is interesting to discuss because its power structure is controlled by two groups, but all of its people have the same position in voice and politics. This paper is compiled using the literature study method and presents the results descriptively.

The Relationship Between Constitutional Equality And Substantive Review, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

General equality rights in written constitutions – rights stating the ideal of equality without specifying categories of impermissible differentiation – have often been effected through the idea of equality as rationality. Equality as rationality demands that differentiations between like entities have to be rationally justifiable. Such equality rights are applicable to legislation and executive action. This presents a prima facie overlap with substantive review in common law administrative law, since substantive review is also concerned about the rational justifiability of executive action. This raises three questions: (1) Are both sets of legal principles indeed similar? (2) Have courts managed to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin

William & Mary Bill of Rights Journal

In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …

Justice Collaborator Dalam Pertimbangan Hakim Memutus Perkara, Amalina Fikriyah, Ali Masyhar, Cahya Wulandari

Jurnal Hukum & Pembangunan

Justice Collaborator, which refers to the cooperation between a non-primary perpetrator and law enforcement in uncovering organized crimes, is often used to expose cases of extraordinary crimes. The concept of a Justice Collaborator has become a topic of public discussion following the case involving the murder ordered by Ferdy Sambo, where Ferdy Sambo instructed Richard Eliezer to kill Jhosua Hutabarat. Richard Eliezer was found guilty by the court and was designated as a Justice Collaborator.

Upaya Mediasi Melalui Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan (Laps Sjk): (Studi Kasus Sengketa Rehabilitasi Daftar Hitam Nasional (Dhn) Pt X Dan Bri), Benedetto Setyo Utomo

Jurnal Hukum & Pembangunan

Salah satu upaya penyelesaian sengketa di luar pengadilan yang dapat dilakukan oleh LAPS SJK adalah mediasi. Mediasi selain untuk menyelesaikan sengketa, dapat pula bertujuan untuk melindungi hubungan baik yang telah ada di antara para pihak, sehingga walaupun terjadi sengketa, hubungan antara para pihak, di mana dalam hal ini adalah bank dan nasabah, dapat dijaga secara berkesinambungan. Mediasi pada LAPS SJK bersifat rahasia dan mengutamakan win-win solution, sehingga memberikan kenyamanan bagi para pihak yang bersengketa dan mampu menjaga kepercayaan nasabah terhadap sektor jasa keuangan seperti bank. Selain itu, upaya mediasi melalui LAPS SJK menawarkan proses penyelesaian yang lebih cepat, lebih murah, …

Peninjauan Kembali Demi Keadilan, Alfret Alfret

Jurnal Hukum & Pembangunan

Abstract

As the world of law develops, there are more and more new provisions related to the implementation of Judicial Review (PK). Some concrete examples related to the development of PK provisions themselves are that a PK can only be carried out once. Apart from that, there is also a provision that the public prosecutor cannot carry out request for reconsideration. This raises the question of whether these restrictions do not conflict with the principles of justice. This research was studied using normative juridical methods based on existing legal provisions and decisions. So the results of this research show that …

Four Pathbreaking Women Judges To Participate In Iu Conference And Public Discussion Monday, Sept. 25, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Four distinguished women judges from the Middle East and North Africa—including the first female judge in Jordanian history—will visit the Indiana University Bloomington campus Sept. 25-26 for a conference titled “Women Judges in Dialogue,” where they will discuss their own experience as women in the judiciary as well as issues surrounding constitutional adjudication in the region. They will be joined by faculty from the Hamilton Lugar School of Global and International Studies and the Maurer School of Law.

Sponsored by the Center for the Study of the Middle East (CSME) at HLS and the Center for Constitutional Democracy (CCD) …

The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw

Indonesia Law Review

The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …

Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita

Indonesia Law Review

Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption …

Indonesian Capital Market Investor Protection In Cases Of Embezzlement, Arman Nefi, Adiwarman Adiwarman

Indonesia Law Review

Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly …

The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi

Indonesia Law Review

The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …

Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia

Indonesia Law Review

The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) …

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.

Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker

DePaul Business & Commercial Law Journal

No abstract provided.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Klinik Hukum: Sebuah Pendekatan Praktis, Satjipto Rahardjo

Jurnal Hukum & Pembangunan

No abstract provided.

The Constitution Of Japan, Harun Alrasjid

Jurnal Hukum & Pembangunan

No abstract provided.

Perbandingan Sistem Pemilihan Untuk Indonesia Yang Majemuk (Komparasi Dengan Sistem Chile Dan Amerika Serikat), Yulvia Chandra Cipta, Rosita Indrayati, Intan Permata Putri

Jurnal Hukum & Pembangunan

General elections, including the election of president and vice president, legislative members and other regional election, are a manifestation of democracy and the basic principles of the nation in Pancasila and the 1945 Constitution of the Republic of Indonesia. Indonesia currently adheres to an open proportionality election system. As time goes by and many changes occur, the electoral system adopted by Indonesia has many shortcomings, and various problems are also faced, such as identity politics and kinship politics. Based on the many differences in electoral systems in the world, the author examines two other countries, namely Chile and the United …

Sistem Penyederhanaan Kepartaian Dalam Konstitusi Negara-Negara Presidensial Multipartai Dan Pengalaman Di Indonesia, Shinta Tri Lestari

Jurnal Konstitusi & Demokrasi

This article is to find out the arrangement of political parties in the constitution of several multi-party presidential countries which lead to simplification of the party system to be compared with the simplification of the party system in Indonesia based on experience and design based on four classifications of party simplification related to the electoral system, parliamentary thresholds, coalitions. and the dissolution of political parties. By using normative juridical research methods through secondary data, 79 countries with a presidential system of government were found, 20 of which were multi-party presidential countries whose constitution contained four classifications of party simplification systems. …

Putusan Ultra Petita Penanganan Kasus Korupsi Menurut Perspektif Hakim, Y.Sri Pudyatmoko, G. Aryadi

Jurnal Hukum & Pembangunan

This research aims to obtain an overview of ultra petita decisions in corruption cases from a law enforcement perspective. The method used in this research is a normative legal research method, using a case approach. The research was conducted by analyzing the views of several judges regarding ultra petita decisions in corruption cases. The research results show that judges in handling corruption cases refer to regulations from the Supreme Court. In accordance with these guidelines, judges use comprehensive considerations in making decisions. According to the judge in the ultra petita decision against a convict in a corruption case, something like …

Urgensi Pendidikan Camat Selaku Ppat Sementara Dalam Mencapai Nilai Keadilan, Sulkifli Sulkifli, Naily Fadhilah

Jurnal Hukum & Pembangunan

The position of PPAT in its implementation does not rule out the possibility of a vacancy due to the vast territorial area of Indonesia, so that a temporary PPAT is needed, in this case the sub-district head or village head. Temporary PPAT generally has the same duties and authority as PPAT. However, in practice, in carrying out their duties and authority they often make mistakes. This is because not all sub-district heads appointed as temporary PPATs have a legal education background or knowledge about PPATs. The purpose of writing this article is to understand the process of appointing a sub-district …