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Articles 991 - 1020 of 1414

Full-Text Articles in Criminal Law

Analisis Yuridis Terhadap Status Hak Kepemilikan Permukiman Penduduk Di Atas Air, Irman Irman, Oksep Adhayanto, Rany Kartika Sari, Suryadi Suryadi Jun 2021

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 Jun 2021

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 …


Problema Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Dalam Sistem Hukum Indonesia, Ade Mahmud Jun 2021

Problema Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Dalam Sistem Hukum Indonesia, Ade Mahmud

Jurnal Hukum & Pembangunan

The polemic ofcapitalpunishment inthe Indonesian legal system has long reaped a contra cons that never ends. People who oppose capital punishment have reasoned because this criminal is inhumane and ineffective, capital punishment is considered counter productive withthe aimof punishment, especially in overcoming the problem of illicit drug trafficking. That is why most European countries have decided to abolish capital punishment for all forms of crime, but developing countries, including Indonesia, still maintain it because it is seenas a form of punishment worthy of dealing with serious crimes. The discussion on capital punishment cannot be separated from the issue of basic …


Determinasi Keuangan Negara Guna Mewujudkan Keadilan Sosial (Social Equity) Bagi Seluruh Rakyat Indonesia, Dian Puji Nugraha Simatupang Jun 2021

Determinasi Keuangan Negara Guna Mewujudkan Keadilan Sosial (Social Equity) Bagi Seluruh Rakyat Indonesia, Dian Puji Nugraha Simatupang

Jurnal Hukum & Pembangunan

State finances in Indonesia is not totally determined by the social equity factor because they tend to be determined by the leadership of the government, so the meaning of state finances in order to realize the goals of the state is very dependent on the model and typical of the President as the holder of the highest state financial management in Indonesia.Such conditions cause state finances to be planned,budgeted, and accounted for with models and mechanisms in accordance with the Presidents management concept, and not on the concept of realizing the goals of the state to achieve social justice. This …


Penerapan Omnibus Law Cipta Kerja Di Indonesia Efektif Atau Tidak? Studi Tinjauan Berdasarkan Sistem Hukum Di Indonesia, Dewi Sartika Putri Jun 2021

Penerapan Omnibus Law Cipta Kerja Di Indonesia Efektif Atau Tidak? Studi Tinjauan Berdasarkan Sistem Hukum Di Indonesia, Dewi Sartika Putri

Jurnal Hukum & Pembangunan

The overlapping of regulations in Indonesia makes Indonesian people uneasy in thismatter, business actors in implementing these various regulations. Besides overlapping regulations, the ineffectiveness of these regulations in terms of licensing submission procedures to the minimum supervision by the government has caused disappointmentfor many business actors who apply for licenses in opening their businesses. This can be an obstacle in the investment business climate in Indonesia. Therefore, President Jokowi in his speech at the time he was elected as the second President of Indonesia, alluded to the Omnibus Law on Employment Creation which meant simplifying regulations, especially in the licensing …


Rebalancing Bracker Forty Years Later, William Mcclure, Thomas E. Mcclure May 2021

Rebalancing Bracker Forty Years Later, William Mcclure, Thomas E. Mcclure

American Indian Law Journal

This Article examines forty years of federal and state courts’ application of the Bracker balancing test, which considers whether a state tax is preempted when assessed against a non-Indian on tribal land. First, this Article chronicles the history and progression of the Bracker balancing test in the Supreme Court. Second, this Article cross-tabulates judicial findings of no preemption with key characteristics of all lower court state taxation decisions that cite Bracker. Third, this Article reports the results of regression analyses that reveal lower courts were less likely to find preemption of cigarette taxes, more likely to find state fuel …


Case Law On American Indians, Thomas P. Schlosser May 2021

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin May 2021

Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams May 2021

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …


Criministrative Law: Developments And Challenges In Indonesia, Nathalina Naibaho, Harkristuti Harkrisnowo, Suhariyono Ar, Andri Gunawan Wibisana Apr 2021

Criministrative Law: Developments And Challenges In Indonesia, Nathalina Naibaho, Harkristuti Harkrisnowo, Suhariyono Ar, Andri Gunawan Wibisana

Indonesia Law Review

The borderlines between core criminal law and administrative law developed in such a way that it became increasingly difficult to draw a clear and a firm category while dividing line between those. The category of a measure as administrative or criminal is far from being theoretical as it preconditions the applicable legal regime and especially the level of procedural safeguards benefiting to those sanctioned. This paper is questioning the gray area belonging to something in between criminal and administrative law and discussing the rule and the role of criminal law and administrative law in action when the later comprehend punitive …


Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert Mikos Apr 2021

Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert Mikos

University of Cincinnati Law Review

No abstract provided.


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable Apr 2021

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.


Kedudukan Dan Kewenangan: Badan Nasional Pengelola Perbatasan Di Indonesia, Putu Wahyu Widiartana Mar 2021

Kedudukan Dan Kewenangan: Badan Nasional Pengelola Perbatasan Di Indonesia, Putu Wahyu Widiartana

Jurnal Hukum & Pembangunan

The vast condition of the Unitary Republic of Indonesia made Indonesia have several border areas stretching from Sabang to Merauke. Management of the countrys territories and border areas has been regulated in Law 43/2008 on State Territories. The National Border Management Agency (Badan Nasional Pengelola Perbatasan/BNPP) is the only institution tasked with managing border areas in Indonesia. The Minister of Home Affairs as the Head of BNPP leads and controls the implementation of the duties and functions of BNPP. In this study using Border Management Theory and Authority Theory. This research uses the normative legal research method which is the …


Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra Mar 2021

Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra

Jurnal Hukum & Pembangunan

As a ratifying State to the International Covenant on Economic, Social and Cultural Rights (Ecosoc), the Government of Republic of Indonesia has legal obligation to implement steps of realization in effective and measurable manner in fulfilling, promoting, and protecting the economic, social and cultural rights of all its citizens. The issue is, to fulfil such obligation the State will require high amount of cost. The State is being sourced by the taxation policy. From many taxation policies, Income Tax become one of the most preffered segment. Unfortunately, the Income Tax policy, in practice, hardly optimizing due to many social economic …


Kelemahan Pengaturan Pengupahan Bagi Dokter Di Indonesia, Muhammad Nur Mar 2021

Kelemahan Pengaturan Pengupahan Bagi Dokter Di Indonesia, Muhammad Nur

Jurnal Hukum & Pembangunan

The results of the Junior Indonesian Doctors Network (JDN) survey on August 1-30 2018 stated that 26.24 percent of doctors in Indonesias main workplaces were still paid under three million rupiah per month. Then, there are 8.89 percent of doctors who are even paid under one and a half million rupiah per month. Due to the low salaries earned, many doctors end up having to take additional work hours in several practice locations to increase their income. In fact, other studies say that working continuously for doctors increases the risk of malpractice and endangers patients. Low wages also make doctors …


Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar Mar 2021

Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar

Jurnal Hukum & Pembangunan

This article explores about social justice in peoples lives according to Karl Marxs prespective of the concept of social class. It also discusses Marxs concept of the struggle of the social class to provide a solution for the proletariat, to free themselves from the chain of cruelty, violence and alienation in the capitalist system to achieve social justice. The essence of social justice in Karl Marxs prespective is that if a society has created a manifestation of self through compassion, and the collaboration of a classless society, without violence, and without oppression, and humans are free from all forms of …


Perbandingan Kedudukan Dan Kewenangan Kepolisian Dalam Konstitusi Yang Pernah Berlaku Di Indonesia, Farrel Eden Surbakti, Ali Abdilah Mar 2021

Perbandingan Kedudukan Dan Kewenangan Kepolisian Dalam Konstitusi Yang Pernah Berlaku Di Indonesia, Farrel Eden Surbakti, Ali Abdilah

Jurnal Hukum & Pembangunan

The police are defined as a tool of the state in charge of maintaining the security and order of the community, providing protection, and providing protection to the public. The relationship between the community and the police themselves is mutually influencing, where the existence of the police is functional in the structure of life. When people experience changes due to various factors, then there is also a change in moral standards that result in order and order of life according to previous cultures are no longer used. This is what causes the role and function of the police must always …


The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid Mar 2021

The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid

Jurnal Hukum & Pembangunan

Notary has a strategic position in making Islamic banking contracts. This is because the Notary is responsible for the correctness of the contract construction to fulfill the terms of the agreement, as well as sharia principles. This study is intended to analyze the legal consequences that arise in the relationship between the Notary profession and the Islamic banking industry. It is important to find opportunities and challenges of Notaries in supporting the development of Islamic economics in Indonesia. This study uses a philosophical, juridical and empirical approach. The results of the analysis show that the need for a notary who …


Aspek Hukum Peran Wakaf Tunai Pada Masa Pandemi Covid 19, Siska Lis Sulistiani, Intan Nurrachmi, Eva Misfah Bayuni Mar 2021

Aspek Hukum Peran Wakaf Tunai Pada Masa Pandemi Covid 19, Siska Lis Sulistiani, Intan Nurrachmi, Eva Misfah Bayuni

Jurnal Hukum & Pembangunan

The development of cash waqf in Indonesia in the past 10 years is of particular concern. With the law No. 41 of 2004 concerning endowments became the initial foothold in the development of forms of cash endowments, including endowments of money, endowments sukuk, endowments of Islamic insurance policies and others. Of all the innovations of this waqf because waqf has more flexible properties to be able to make new breakthroughs that fit the needs of the times without reducing the essence of the waqf. The legal aspect of developing cash waqf is important because it will affect its position and …


Managing The Risk For Fintech Lending Amid The Global Pandemic Corona Virus, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro, Nur Utari Setiawati Mar 2021

Managing The Risk For Fintech Lending Amid The Global Pandemic Corona Virus, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro, Nur Utari Setiawati

Jurnal Hukum & Pembangunan

The coronavirus (covis-19) is impacting all sectors across the world. Moreover, the covid-19 pandemic will accelerate change in the world economy. That brings both opportunity and danger, says Henry Curr in The Economist. In dealing with global disaster which impacts to the finance and economy world, such as the pandemic of covid-19, fintech lending offers the fastestand the most easy lending service for people in the whole business world nowdays. However, the easy process can cause various problems such as late payment and default in payment. Fintech will suffer from those risks and it can jeopardise the business. Moreover, most …


Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba Mar 2021

Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba

Jurnal Hukum & Pembangunan

Socio-legal studies are the kind of study that presents the point of view to see the law which focuses on the contact more than the texts. By legal socio approach, the problem which will be learned is notonly study to the norms studied or the law doctrine but see the contact detail of the norms and the enactment. How the law work in the public which will be learned by legal socio study. The legal socio study is done by refer to the research result Cotterrell R about the theory and value. Cotterrell enters the value to explain the action …


Kebijakan Penghapusan Izin Lingkungan Dalam Ruu Cipta Kerja Dan Dampaknya Terhadap Pembangunan Berkelanjutan Di Indonesia, Kornelius Benuf, Abram Robert Aritonang, Supriardoyo Simanjuntak Mar 2021

Kebijakan Penghapusan Izin Lingkungan Dalam Ruu Cipta Kerja Dan Dampaknya Terhadap Pembangunan Berkelanjutan Di Indonesia, Kornelius Benuf, Abram Robert Aritonang, Supriardoyo Simanjuntak

Jurnal Hukum & Pembangunan

The government is currently discussing about Jobs Creation Bill on the implementation of national development. The drafting of Jobs Creation Bill is carriedout by applying the omnibus law system. However, on the Bill there are numbers of irregularities such as the removal of environmental permits and replaced with environmental agreements. This raises legal issues because the changes of terminology onthe Bill have juridical implications for the implementations of sustainable developments in Indonesia. This legal issue will be researched further in this study. The method used is normative juridical with secondary data in the form of primary legal materials ofthe Jobs …


Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin Mar 2021

Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin

Jurnal Hukum & Pembangunan

The use of the term Makar as a translation of the word Aanslag in Indonesias CRIMINAL code currently triggers a variety of polemic because it has a lot of meaning, resulting in an ambiguity that causes no legal certainty to be guaranteed. Indonesias CRIMINAL code is currently in its case that it does not provide define and the limitations of Macar deeds so that the multitasking is still prone to occur. Addressing such a thing, it is necessary to reformulation the draft proceeding in the Penal Code in order to ensure the future legal certainty. The limitation of the performance …


Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan Mar 2021

Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan

Jurnal Hukum & Pembangunan

High seas is an ocean legal regime that is free access to every states, including the use of its fisheries. Yet, in fact, fishing on the high seas is dominated by in part of all countries, which are developed countries or at least states with advance technology and finance. The vast potential of high seas fisheries is in line with the high of threat that must be faced, for examples overfishing and destructive fishing. The majority regionals of the world are going through fisheries crisis as well as decreasing of fish stocks in Southeast Asia. Fisheries sector is so important …


Rekonseptualisasi Penyelesaian Sengketa Proses Pencalonan Pilkada, Supriyadi Supriyadi Mar 2021

Rekonseptualisasi Penyelesaian Sengketa Proses Pencalonan Pilkada, Supriyadi Supriyadi

Jurnal Hukum & Pembangunan

This research aims to find the ideal concept of dispute resolution process in the regional head election, so far the practice of election dispute resolution is carried out by two institutions namely Bawaslu and PTTUN. As for the results of this study in the form of the first, philosophically the Bawaslu institution was born from the provisions of Article 22E paragraph (5) of the 1945 Constitution of the Republic of Indonesia which was interpreted to conduct supervision both in the narrow and broad sense (handling violations and dispute resolution) of the holding of elections or the elections. Second, the dualism …


Pemusatan Kepemilikan Media Massa Di Indonesia: Tinjauan Aspek Hukum, Muhammad Zulfa Aulia, Raffles Raffles Mar 2021

Pemusatan Kepemilikan Media Massa Di Indonesia: Tinjauan Aspek Hukum, Muhammad Zulfa Aulia, Raffles Raffles

Jurnal Hukum & Pembangunan

Today, mass media tend to be exclusively possessed by certain business groups who generally have affiliation to authorities or political parties. This article disscusses the concentration of mass media ownership in the light of constitutional and competition law. The article argues that the privatisation of business and politics towards public information through mass media, which is inevitable, has to be minimized. This due to the fact that mass media is one of pillars to which the democracy of a nation relies on. Despite the ownership of mass media which is a part of expressions (by some elites) of the people …


Mencari Jejak Konsep Judicial Restraint Dalam Praktik Kekuasaan Kehakiman Di Indonesia, Dian Agung Wicaksono, Andi Sandi Antonius Tabusassa Tonralipu Mar 2021

Mencari Jejak Konsep Judicial Restraint Dalam Praktik Kekuasaan Kehakiman Di Indonesia, Dian Agung Wicaksono, Andi Sandi Antonius Tabusassa Tonralipu

Jurnal Hukum & Pembangunan

The decision on judicial review of Laws by the Constitutional Court was allegedly not fully obeyed by the parties affected by the decision. One form of disobedience tothe judicial review decision by the Constitutional Courtwas shown by the Supreme Court concerning the decision related to the opening of the opportunity to submit a Peninjauan Kembali more than once, which was responded by the Supreme Court with internalregulations which emphasized that Peninjauan Kembali could only be done once.From the phenomenon, this research tries to trace the concept of judicial restraint in the practice of judicial power in Indonesia, as well as …


Konsep Privatisasi Di Indonesia, Mohammad Rezza Naufal Mar 2021

Konsep Privatisasi Di Indonesia, Mohammad Rezza Naufal

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The phenomenon of privatization in the world has long been initiated and spearheaded by the United States and Britain. Privatization is a shift in management by the state to the private sector, this is very reasonable because this effort is considered to produce significant improvements related to increasing the efficiency of state enterprises that are considered less efficient than private companies. Privatization has also been applied in Indonesia since 1997 after the economic crisis and with the same goal of increasing the efficiency of state enterprises. In Article 33 paragraph (2) and paragraph (3) of the 1945 Constitution, it is …


Status Kedudukan Dan Harta Kekayaan Bumn Analisa Putusan Mahkamah Konstitusi Nomor 62/Puu-Xi/2013, Made Wira Pratama Mar 2021

Status Kedudukan Dan Harta Kekayaan Bumn Analisa Putusan Mahkamah Konstitusi Nomor 62/Puu-Xi/2013, Made Wira Pratama

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Legal certainty regarding the status of legal entity and the financial status of BUMN (State- Owned Enterprises) in Indonesia is often a problematic in its determination therefore the need for an understanding of the SOE's own legal entity and the state's financial position in SOEs, thereby providing certainty about the status the position of the legal entity and the state of the state that is clear and has no ambiguity in the regulation, in this article the application of the state finance law testing against SOEs which on the examination of Law No. 17 of 2003 on the State Finance, …


Peran Peradilan Tata Usaha Negara Dalam Mewujudkan Pemerintahan Yang Baik, Muhammad Kamil Akbar Mar 2021

Peran Peradilan Tata Usaha Negara Dalam Mewujudkan Pemerintahan Yang Baik, Muhammad Kamil Akbar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Based on Act 9 Paragraph 1 Law No.30/2014 concerning Government Administration that any decree and / or government’s actions are based on legislation and the principles of good governance (AAUPB). But, in the reality, sometimes Government Officials ignored that matter and then become abuse of authority. So, the authority of the administrative court has expanded based on Law No.30/2014 concerning Government Administration, not only can cancel the implementation of a decree, but also to examine and decide whether or not there is an element of abuse of authority by Government Officials in carrying out their duties. Administrative court as a …