Criminal Law Commons^™

Status Hak Tanggungan Pada Pembiayaan Kepemilikan Rumah Di Akad Musyarakah Mutana Qisah (Mmq), Febrian Dwi Laksono, Thohir Luth, Siti Hamidah

Jurnal Hukum & Pembangunan

The prevailing legal stipulations on the contract of the Musyarakah Mutanaqisah (MMQ) financing are occurred legal uncertainty, which is caused by obscurity of the encumbrance regulations for land relating to financing with the MMQ contract. One of arising legal issue in the MMQ financing mechanism is a blurring of the norms contained in Law Number 4 of 1996 concerning Encumbrance Right over Land And Land-Related Objects (UUHT). The obscurity is caused by unclear stipulating sharia financing or specifically financing with the MMQ contract in UUHT. One of the provisions that reflecting this lack of clarity is to examine the description …

Penguatan Kapasitas Lpd Desa Adat Di Bali Melalui Penyuratan Awig-Awig, I Made Suwitra, I Ketut Selamet, Luh Kade Datrini

Jurnal Hukum & Pembangunan

The Village Credit Institution (LPD) owned by Desa Adat in Bali is oriented to strengthen the economy of indigenous peoples (krama adat) through lending (loans) and savings. The main source of capital for LPDs is the commitment and trust of all village manners which are submitted through the Adat Village Management Board (Prajuru) and the LPD Board. The strengthening of LPDs is in its management and accounting system and its supervision, because it is not uncommon for LPDs that are already large due to weak monitoring systems, poor management and accounting systems to misuse LPD funds utilization which causes LPD …

Optimalisasi Fungsi Pengawasan Dewan Etik Mahkamah Konstitusi, Fajlurrahman Jurdi, Rizqa Ananda Hanapi, Taufik Hidayat

Jurnal Hukum & Pembangunan

Violations of law and code of ethics performed by the constitutional judge shows that there is abuse of power within the court. The existence of Board of Ethics has questioned due to these violation and accused for not being able to perform its function in maintaining the dignity of the court. This concludes that the optimization of the function of the Board of Ethics are necessary. This is a normative and doctrinal research with several approaches. This research explains that board of ethics needs several changes within its body, such as: 1) boarden the board’s authority from investigating reports and …

Menilik Rezim Pengelolaan Tambang Freeport Dalam Mewujudkan Kesejahteraan Rakyat: Perpanjangan Kontrak Karya Atau Peralihan Ke Rezim Perizinan?, Ananda Prima Yurista, Rizky Septiana Widyaningtyas, Alda Awwalil Hasani

Jurnal Hukum & Pembangunan

The management of mineral and coal mining by Freeport has been carried out since 1967 based on a work agreement/contract of work, which is regulated in Law No. 11 of 1967 concerning Basic Mining Provisions. Since the enactment of Law no. 4 of 2009 concerning Coal Minerals under the authority in the management of minerals and coal changed from a work agreement/contract of work to a mining business permit. This article will try to respond to opportunities for contract extension or termination of work contacts and see which regimes will provide greater opportunities for the benefit of the state (in …

Tindak Pidana Pencemaran Nama Baik Melalui Facebook Menurut Kuhp Dan Undang-Undang Nomor 11 Tahun 2008 Tentang Ite, Arif Satria Subekti, Novian Ardynata Setya Pradana, Ajrina Yuka Ardhira, Mukhammad Tismandico Ilham Zulfikar

Jurnal Hukum & Pembangunan

The size of an action can be named as defaming the reputation of others is still unclear because many factors must be studied. In the case of defamation or defamation that is protected, the protection of others for the other person's point of view is protected and the agreed name in the eyes of others. Someone even the authorities will face us to account for a word that we have made against someone. Being asked to act disgracefully can help fight in the community. More than that, in solving problems, the legal people are actually required to really determine the …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Authority And The Globalisation Of Inclusion And Exclusion: Author Meets Readers, Hand Lindahl, Christine Bell Prof, Friedrich Kratochwil, Hans-W. Micklitz, Carlos Thiebaut, Bert Van Roermund

Indiana Journal of Global Legal Studies

Authority is written against the background of intense resistance to globalization processes by a range of political movements and grassroots organizations. These processes are complex and have a variety of dimensions. One of these is the emergence of global legal orders, which I define, in a rough and ready manner, as relatively autonomous legal orders that claim or aspire to claim global validity for themselves. They too-most obviously the World Trade Organization (WTO)-are the butt of resistance. Whatever its forms and aspirations, resistance to globalization is fueled by their peculiar dynamic. Indeed, emergent global legal orders spawn massive exclusion when …

When Freedom Of Speech Comes At A Cost: A Case Study Of E.S. V. Austria, Rachael Taylor

Indiana Journal of Global Legal Studies

In the fall of 2018, the European Court of Human Rights (ECtHR) issued a decision upholding the criminal conviction of an Austrian national (E.S.) in violation of Austria's Criminal Code against the disparagement of religious doctrines. Her initial conviction in the Austrian court was based on statements she made about the Prophet Muhammad while teaching a series of seminars entitled "Basic Information on Islam." In upholding her conviction, the ECtHR found that there had been no violation of the Austrian's right to freedom of expression under Article 10 of the European Convention for the Protection of Human Rights (Convention), and …

Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan

William & Mary Journal of Race, Gender, and Social Justice

In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R …

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 …

Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid

University of Miami Inter-American Law Review

No abstract provided.

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 …

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 …

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 …

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 …

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 …

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 …

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.

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 …

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 …

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 …

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 …

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 …

Corruption Abroad: From Conflict To Co-Operation: A Comparison Of French And American Law And Practice, Fred Einbinder

Cardozo International & Comparative Law Review

The article examines the divergent approaches of France and the United States in combating corporate foreign corruption, highlighting their shared commitment to addressing the issue but differing legal frameworks and practices. While the U.S. employs participatory, lawyer-led systems with tools like plea bargaining and whistleblowing, France's inquisitorial, state-centric model has historically resisted such practices. The enactment of Sapin 2 in France marks a shift toward integrating American-style anti-corruption mechanisms, such as the Convention Judiciaire d'Intérêt Public (CJIP), while preserving core principles of French criminal law. The analysis underscores the challenges and opportunities of cross-border enforcement and the evolving cooperation between …

Return Of The King: Corruption Backsliding In America, Pedro Gerson

Cardozo International & Comparative Law Review

The United States appears to be going through a crisis of corruption. However, it is hard to know whether this is a matter of appearance or if the country is at risk of high levels of corruption making a comeback. The Article applies the equilibrium model of corruptionthe leading social science account of how corruption operates-to the current U.S. system, and shows that the United States may indeed be backsliding. The potential for corruption to creep back up is due to more than the political moment. Rather, it is the result ofpolitics combined with the relatively powerless institutional controls for …

Healers Or Dealers: The Effect Of Doctors Committing Health Care Fraud On The Opioid Epidemic, Peri Novick

Cardozo International & Comparative Law Review

The note argues that doctors who commit healthcare fraud by improperly prescribing opioids for personal gain should be held criminally liable for patient deaths resulting from their actions. It emphasizes that these physicians, often operating as "pill mills," violate ethical and legal standards, contributing significantly to the opioid epidemic. The analysis advocates for stronger legal enforcement and accountability to address this issue effectively.

The Legal Fiction Of The Right To Defense In The Colombian Criminal Justice System, Manuel Iturralde

Indiana Journal of Global Legal Studies

In the first section of the article, I will discuss Omar's case to show why he did not have a fair trial, and particularly how his rights to access to justice and to defense were infringed, both by the public defense he was provided and by the judges that decided his case.

In the second section, I will show that Omar's case is a tellingillustration of the features of the Colombian criminal justice system, which systematically and disproportionately sentences and imprisons marginalized and poor people-in great measure because they lack the financial resources to pay for better and more motivated …

You Made Gideon A Promise, Eh?: Advocating For Mandated Publicly Appointed Counsel At Bail Hearings In The United States Through Domestic Comparisons With Canadian Practices And Legal Considerations, Lauren Elizabeth Lisauskas

Georgia Journal of International & Comparative Law

No abstract provided.