Criminal Law Commons^™

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Seattle University Law Review

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …

Investment Bankers And Inclusive Corporate Leadership, Afra Afsharipour

Seattle University Law Review

Few major deals happen without the engagement and advice of investment bankers. Whether a company is undertaking an initial public offering or engaging in a large merger or acquisition deal, investment bankers play a central role in advising corporate executives. Successful investment bankers are devoted to cultivating relationships with executives. And these relationships place bankers in a position to earn tens of millions in fees for their advisory and service roles in connection with corporate dealmaking. Investment bankers’ constant endeavors to nurture relationships with executives, while also maximizing their own ability to enhance fees, commonly leads to allegations of double-dealing, …

Selective Patronage, Omari Scott Simmons

Seattle University Law Review

Contemporary academic corporate governance narratives have a blind spot. They focus on institutions, rules, regulations, processes, procedures, intermediaries, and market forces. Yet, missing in this narrative, is the impact of corporate leadership. Ignoring the “black box” of corporate leadership, particularly individual actors, renders an incomplete descriptive assessment as well as potential miscalculations. The examination of key historical figures and their corporate activism provides an important lens through which to identify potential challenges and opportunities related to the contemporary ESG movement.

Generally, this essay examines corporate leadership’s potential to address socio-political issues through the prism of Civil Rights Movement activism. Specifically, …

Reframing The Dei Case, Veronica Root Martinez

Seattle University Law Review

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

#Metoo And The Corporation In Popular Culture, Brenda Cossman

Seattle University Law Review

#MeToo’s initial virtual explosion in the fall of 2017 was very much about Hollywood, with famous actresses speaking out against famous producers, media moguls and celebrities, exposing the ubiquity of sexual harassment and sexual violence in and around the entertainment industry. Since then, #MeToo has made its way into Hollywood representations without much irony. Films and television shows have explicitly taken up the #MeToo themes, exploring issues of sexual harassment and violence and its afterlives. Many television shows, from the relaunched version of Murphy Brown to Brooklyn Nine-Nine to The Good Fight have incorporated #MeToo themes into episodes exploring the …

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …

Dilema Pendewasaan Hukum Bagi Pemilih Pemula Di Indonesia, Sarip Sarip

Jurnal Hukum & Pembangunan

Penelitian didasarkan usia pendewasaan antara hukum dan praktik pengawalan demokrasi Indonesia. Pendewasaan hukum jadi patokan melakukan perbuatan hukum, secara khusus berlaku bagi subjek hukum sesuai ketentuan hukum positif. Lex specialis, merupakan upaya khusus memberi kepastian dan keadilan selama memenuhi lex specialis. Bila tidak terpenuhi sifat khusus, legi generali menjadi rujukan atas produk hukum sejajar. Pendekatan perundang-undangan sebagai pilihan penelitian dengan bertumpu pada asas lex specialis derogat legi generali atas pendewasaan hukum pemilih pemula. Temuan dalam penegakan pendewasaan hukum terkesan memanfaatan pemilih pemula sebatas eksistensi kekuasaan. Ketidakonsistenan terlihat pada larangan keterlibatan pelajar SMA atau sederajat dalam setiap demonstrasi, termasuk …

Tipologi Penggunaan Hukum Tata Negara Darurat: Sebuat Studi Literatur, Qurrata Ayuni

Jurnal Hukum & Pembangunan

This paper discusses a number of categorizations of countries in dealing with emergencies. The development of studies on this typology is classified after a comparison of the approaches of countries analyzed by a number of experts. There are at least nine models used in this paper, namely; Roman Dictatorship Model, Neo Roman Model, Constitutional Emergency Powers, Statutory Authorization, Extra-Legal Action, The Executive Dictatorship, The Legislative Dictatorship, and The War Government. Some of these types have similarities and intersections in their use. Understanding the birth of this typology will enrich alternatives in dealing with emergencies more effectively and proportionally.

Urgensi Pembentukan Laporan Khusus Sebagai Solusi Alat Bukti Surat Dalam Penanganan Kasus Tppu Di Indonesia: Pintu Optimalisasi Hubungan Ppatk-Penyidik, Amanda Geraldine, Altuti Altuti, Muhamad Rayhan Firmansyah

Jurnal Hukum & Pembangunan

The Financial Transaction Reports and Analysis Centre or Financial intelligence unit (FIU) is an independent institution that has helped to eradicate and prevent money laundering crimes based on reports used as evidence or evidence in investigations. PPATK analysis report is made based on the report of the income and expenditure of unusual financial accounts by referring to the profile and identity of the owner. Financial Transactions requested by PPATK to be reported by the reporting party because it involves assets suspected of originating from the proceeds of a criminal offence. FATF has issued 40 specific recommendations (forty recommendations) and the …

Kekuasaan Peradilan Militer Mengadili Warga Sipil Dalam Tinjauan Hukum Tata Negara Darurat, Denis Kurniawan

Jurnal Hukum & Pembangunan

Abstract

Military Courts in general are courts devoted to dealing with cases of military soldiers, both concerning criminal matters, military administration, and claims for compensation as a result of criminal offenses. The special nature of military justice is due to the fact that military soldiers have different traditions from civil society regarding the existence of military discipline in their activities, and there are acts that are only known within the military environment, but are not generally applicable. However, a military court in an emergency situation that threatens to be projected as the last court, if the existing judiciary is to …

Urgensi Integrasi Pengaturan Mekanisme Keadilan Restoratif Dalam Sistem Peradilan Pidana Di Indonesia, Nabila Aulia Rahma, Pascal Toloh

Jurnal Hukum & Pembangunan

Conventional criminal law has always been synonymous with prison, where the settlement can result in the exclusion of the right to a sense of justice for victims because of their disproportionate position. This situation encourages the emergence of the concept of restorative justice, where based on this concept, criminal cases are resolved by involving perpetrators, communities and victims. However, at the regulatory level, the concept of restorative justice is set differently in various rules, which have not been synchronized, such as the internal rules of the Indonesian Police, the Attorney General's Office and the Supreme Court. Inconsistencies in these norms …

Perlindungan Hukum Terhadap Pejuang Lingkungan Hidup Dalam Mewujudkan Lingkungan Hidup Yang Baik Dan Sehat, Dinarjati Eka Puspitasari

Jurnal Hukum & Pembangunan

The right of environmental defenders not to be sued civilly or prosecuted criminally is part of human rights regulated in Article 66 of Law 32/2009 (UUPPLH), known as Anti Strategic Lawsuit Against Public Participation (Anti-SLAPP). But in practice, the law is used as a tool to curb public participation. In this case, environmental organizations have an important role to play in assisting communities in fighting for their environmental rights, ranging from non-judicial mechanisms to becoming amicus curiae in court. This research examines literature sources with a library research method through a statutory approach, case approach, and conceptual approach. The result …

Embracing The End: A Comparative Analysis Of Medical Aid In Dying In Canada And The United States, Joel Krinsky

Brooklyn Journal of International Law

Since the late nineteenth century, debate has unfolded over the use of euthanasia and physician-assisted death to alleviate the suffering of individuals with medical illnesses. The controversy surrounding the issue persists and its implications are significant. While most countries prohibit Aid in Dying (AID), legalization of the practice has expanded globally in recent years. Canada and the United States (US) are two such jurisdictions that have expanded access to AID. Canada has federally legalized the practice, which the country refers to as Medical Aid in Dying (MAID), and in 2021, the country expanded the eligibility criteria for individuals seeking access …

Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek

Brooklyn Journal of International Law

For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …

Bentuk Penanaman Modal Asing Bangkok Bank Di Indonesia Berdasarkan Hukum Penanaman Modal, Desi Ariani Sinulingga

Jurnal Hukum & Pembangunan

Investment is part of the implementation of the country's economy which aims to increase national economic growth, create jobs, and encourage national economic development so that a prosperous, equal, and prosperous society can be realized. Investment regulation in Indonesia has been started since the issuance of Act Number 1 of 1967 concerning Foreign Investment and Act Number 6 of 1968 concerning Domestic Investment. Both regulations have been revoked by Act Number 25 of 2007 concerning Investment, and part of the provisions have been amended by the Omnibus Act Number 11 of 2020 concerning Job Creation. Foreign investment in Indonesia can …

Analisis Politik Hukum Islam Berbasis Maqoshid Syari’Ah (Studi Terhadap Konsep Anak Sah Dalam Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan), Asmuni Asmuni, Agus Firman

Jurnal Hukum & Pembangunan

This article aims to use maqashid sharia to analyze the conformity of the rules regarding legitimate children in Article 42 of the Marriage Law (UUP) with sharia principles. At the level of application of the law, it will also be seen whether the regulation is in accordance with the basic principles of maqashid. The results of this study indicate that the provisions of Article 42 UUP which equate the status of children born 'as a result of' and 'in' a legal marriage, are not in accordance with sharia principles. The Office of Religious Affairs (KUA) in determining marriage guardians for …

Mekanisme Hukum Adat Perdmaian (Mela Sare) Dalam Mewujudkan Rekonsiliasi Para Pihak Pasca Putusan Pengadilan Pada Masyarakat Lamaholot Di Adonara – Flores Timur, Handrianus David Ola Sili

Jurnal Hukum & Pembangunan

The substance aspect that underlies this writing in the Adonara community, the implication of a court decision is the breakdown of relations / relations both personal and social between the parties to the dispute or "kenetun". In order for the implication of the court decision to help eliminate the "kenetun" customary bulkhead, an effort was made to reconcile the parties to the dispute. Interesting to study more deeply, the Lamaholot community has a customary law tradition that is packaged in the traditional ritual of peace mela sare. This research is sociological law (sociological legal research) or empirical legal research with …

Model Pencantuman Asas Hukum Dalam Pembentukan Hukum Perikatan Nasional, Djumikasih Djumikasih

Jurnal Hukum & Pembangunan

Indonesia is currently trying to draft a law of engagement. In the drafting process, there are differences of opinion as to whether the principles of binding law will be written explicitly or implicitly. Based on the results of the discussion, it can be concluded that, the nature of legal principles is a very important and fundamental thing, which comes from ethical values that exist in society, which is very useful because it is a direction guide, for the formation of legal norms and law enforcement itself. The function of legal principles is not only as a foundation, heart or bridge …

Dewan Pertimbangan Presiden Dalam Struktur Ketatanegaraan Indonesia, Brilliant Bintang Prasetya, Ryan Muthiara Wasti

Jurnal Hukum & Pembangunan

The existence of the Presidential Advisory Council is inseparable from the history of state administration with the political phenomenon of law. Various ideas of pros and cons questioned the position and authority of the country's advisory institutions. The institution which at the beginning of its formation was named the Supreme Advisory Council then turned into a Presidential Advisory Council under the executive rule after the amendment to the 1945 Constitution. The shift raises the peculiarities of the position of advisors not under the authority given by advice. Reflecting on the discourse, this paper reviews how the position and extent of …

Database Floklore Dalam Undang-Undang Tentang Hak Cipta Dan Undang-Undang Tentang Pemajuan Kebudayaan, Lora Sinta Sulistiorini

Jurnal Hukum & Pembangunan

Law 28/2014 on Copyright and Law 5/2017 on Cultural Promotion have a major role in regulating and protecting floklore. This can be seen from the norms that regulate the mechanism for protecting floklore in Article 38 paragraph (2) of the Copyright Law, which states that the state is obliged to make an inventory, maintain, and maintain traditional cultural expressions.law a quo also regulates the procedures for recording as contained in Articles 66-72. Not only that, the Law for the Advancement of Culture also regulates the floklore database through Articles 16-26 of a quo. The two laws then raise the question, …

Pembaruan Pemahaman Bahasa Hukum Indonesia Dalam Penafsiran Konstitusi Untuk Jaminan Kepastian Hukum, Normand Edwin Elnizar

Jurnal Hukum & Pembangunan

This article attempts to explain legal language aspects need to be improved in implementing laws that uphold justice while at the same time provide legal certainty. The study is limited to the constitution as the highest law in the national legal system. The explanation of the linguistic aspect including foreign legal terminology in the constitutional interpretation and the constitutional interpretation as a discourse analysis. It was conducted by literature research to compare the paradigm of constitutional interpretation theory with linguistic aspects in linguistic theory. Decision Number 84/PUU-XVI/2018 used as example for this research. This qualitative research describes some linguistic aspects …

Pengaturan Pembatasan Penggunaan Data Nasabah Bank Untuk Mencegah Penggelapan Dana Nasabah Di Bank, Nathasya Nauli Nainggolan, Rouli Anita Velentina

Jurnal Hukum & Pembangunan

As financial institutions, banks are required to have customer data protection mechanisms. This is for the sake of the banking busines’ continuity that is being undertaken. The sustainability of a bank's business is largely determined by the trust of the customers to save funds and use bank services. The customer data protection mechanism is one of a risk management form that is primarily aimed at protecting customer personal data, which is useful for preventing the risk of misuse of bank customer data by irresponsible persons. This study aims to discuss the provisions regarding the protection of customer data by banks …

Ultimum Remedium Terhadap Keterlibatan Notaris Dalam Perbuatan Melawan Hukum, Halwa Fairuzia, Rouli Anita Velentina

Jurnal Hukum & Pembangunan

Ultimum Remedium is a principle that means criminal sanctions should be the last resort in solving a problem, where civil and administrative sanctions are prioritised. In this journal, the researcher will discuss how this principle relates to the authority held by the Notary Honorary Council in limiting actions against the law committed by notaries. This study uses normative juridical research, where the law serves as a foundation for examining legal regulations related to legal issues regarding unlawful acts committed by notaries.

Redistribusi Tanah Bekas Hak Erfpacht Dalam Kaitannya Dengan Pilot Project Of Agrarian Reform Guna Mewujudkan Sustainable Development Di Desa Galengdowo, Kabupaten Jombang, Fadila Fernanda, Adhitya Widya Kartika

Jurnal Hukum & Pembangunan

The redistribution of land with erfpacht right in Galengdowo village is one of the agrarian reform programs in the form of distributing state land to cultivators by giving ownership right to the land they cultivate. These freehold land certificates can then be used as collateral to obtain business capital through Community Land Empowerment (CLE) which is aimed at becoming a pilot project for an agrarian reforma village producing coffee and dairy products by developing regional-level businesses to become national scale. This study uses an empirical legal research method that examines the implementation of law in society. The approach used is …

Keping Puzzle Yang Hilang: Menelaah Hak Yang Sirna Terhadap Narapidana, Muhammad Abdul Azis, Riski Ananda Kusuma Putri, Nur Rahman

Jurnal Hukum & Pembangunan

Prisons have a reputation for being cages of deprivation of freedom and atonement for wrongdoing. Prisoners lose their independence because prisons restrict their movement, including their sexual needs, which is like the "missing piece of the puzzle." The discussion in this article tries to explore the missing piece of prisoners' rights, examine, and analyze the impact of the Conjugal Visit program for prisoners in Indonesia, to bring new light to the realization of human rights in the prison system aimed at legal protection and fulfillment of human rights. This article uses normative legal methods. Systematic legal comparison is used to …