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Full-Text Articles in Criminal Law

Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani Nov 2021

Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The COVID-19 pandemic has shifted the form of conducting music concerts from face-to-face concerts to online concerts through the live stream mechanism. Some practitioners opine that the implementation of live stream online concerts is considered to contain elements of temporary reproduction (ephemeral recording) and may be used for the purposes as regulated in Article 49 of Law No. 28 Year 2014 on Copyright. This paper examines whether the use of copyrighted songs in live streams music concerts can be categorized as ephemeral recording. This research will be carried out using socio-legal studies methods as an interdisciplinary studies with the help …

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Transplantasi Hukum Prinsip National Treatment Dalam Uu Penanaman Modal Indonesia, Desky Setiawan Nov 2021

Transplantasi Hukum Prinsip National Treatment Dalam Uu Penanaman Modal Indonesia, Desky Setiawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Foreign investment is one of the important elements of development for developing countries. Indonesia as a developing country needs to make efforts to pull foreign investment into the country. One of the efforts is by transplanting international legal principles aimed at foreign investor protection, such as National Treatment Principle which gives protection to the foreign shareholder by providing the same treatment to the foreign investor and domestic investor, therefore, creating a level playing field for business in the country for foreign and domestic investors alike. The legal transplant of international legal principles must also consider the existing legal rules and …

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Perlindungan Terhadap Pihak Ketiga Yang Beritikad Baik Dalam Proses Jual Beli Tanah (Ditinjau Dari Putusan Pengadilan Negeri Denpasar Nomor 800/Pdt.G/2013/Pn.Dps Dan Putusan Pengadilan Negeri Palembang Nomor 3/Pid.Sus-Tpk/2014/Pn.Plg), Daniel Alexander Siregar Nov 2021

Perlindungan Terhadap Pihak Ketiga Yang Beritikad Baik Dalam Proses Jual Beli Tanah (Ditinjau Dari Putusan Pengadilan Negeri Denpasar Nomor 800/Pdt.G/2013/Pn.Dps Dan Putusan Pengadilan Negeri Palembang Nomor 3/Pid.Sus-Tpk/2014/Pn.Plg), Daniel Alexander Siregar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Of the many cases of land emerging in Indonesia often collide with many aspects of application, namely the clash between national law/positive law and the original law/customary law on the local community, or clash with multiple ownership of a land object. To examine this issue, it is of course worth a further review of why this can happen, and need to reflect on whether what makes this phenomenon appear to be so difficult to find a definite solution. Then it can not be denied again the rise of land brokering practices that make Indonesia increasingly becoming a very difficult country …

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Kasus Ds-477 Dan Ds-478 Indonesia-New Zealand-America Importation Of Horticultural Products, Animals And Animal Product Dikaitkan Dengan Prinsip Penghapusan Hambatan Kuantitatif, Bella Oktaviani Nov 2021

Kasus Ds-477 Dan Ds-478 Indonesia-New Zealand-America Importation Of Horticultural Products, Animals And Animal Product Dikaitkan Dengan Prinsip Penghapusan Hambatan Kuantitatif, Bella Oktaviani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Free trade is the most important thing in the life of the international community at this time, with that the WTO was established to harmonize free trade between fellow member countries and minimize any free trade disputes with WTO member countries. Even so, the WTO does not deny the disputes that often occur between member countries, for example in case of importations of horticultural products, animals and animal products between Indonesia and New Zealand and the USA related to Indonesian regulation which are considered by the plaintiff as a form of restrictions in international trade. In the end, New Zealand …

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Pengendalian Peredaran Produk Secara Mandiri Sebagai Instrumen Wajib Dalam Pelaksanaan Tanggung Jawab Sosial Korporasi Rokok: Sebuah Perspektif Sosio-Legal, Auditya Firza Saputra Nov 2021

Pengendalian Peredaran Produk Secara Mandiri Sebagai Instrumen Wajib Dalam Pelaksanaan Tanggung Jawab Sosial Korporasi Rokok: Sebuah Perspektif Sosio-Legal, Auditya Firza Saputra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The number of smokers and cigarette sales in Indonesia has been increasing every year. In parallel with that, the latent risk faced by society is increased. In the socio-cultural context, the cigarette industry has been transformed into a hegemony whose expansion is unstoppable. The circulation of cigarette products is still become an unresolvable problem. Such problem expands from merely legal issues to the ethical dimension. The corporate social responsibility carried out by the corporation tends to be in favor of promotional motive, or creating false public reputation, which makes its implementation often deviate from its philosophy. Inevitably, the smoking phenomenon …

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Urgensi Pengaturan Private Enforcement Dalam Konteks Persaingan Usaha Di Indonesia, Andi Nugroho Nov 2021

Urgensi Pengaturan Private Enforcement Dalam Konteks Persaingan Usaha Di Indonesia, Andi Nugroho

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Business competition is one of the important factors in stimulating economic development in a country. As for business competition, it can encourage business actors to compete in conducting business innovations in order to get loyal consumers so that maximum profits can be achieved. One of the mechanisms for enforcing business competition law in Indonesia is the private enforcement method. In general, in Indonesia, law enforcement using the private enforcement method in orderly business competition has not been explicitly regulated in Law no. 5 of 1999. This can be seen from the compensation which is one of the elements of private …

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Hukum Persaingan 4.0: Issue Bigdata, Artificial Intelligence Dan Blockchain Dalam Konteks Hukum Persaingan Usaha Di Era Industri Ekonomi Digital, Aldo Suhartono Putra Nov 2021

Hukum Persaingan 4.0: Issue Bigdata, Artificial Intelligence Dan Blockchain Dalam Konteks Hukum Persaingan Usaha Di Era Industri Ekonomi Digital, Aldo Suhartono Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The purpose of the Antitrust Law which is regulated under Indonesian Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition, is to create market efficiency by preventing monopoly, both productive efficiency and allocative efficiency. Methods that can be used to identify anti-competitive practices are per-se-illegal and rule-of-reason. The era of the digital economy industry has changed the landscape of world economic activity, the presence of Arficial Intelligence, Big Data, and Blockchain, in certain dimensions can help us reach markets more efficiently, but in other dimensions, the presence of this technology makes the elements and characteristics …

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Risiko Pemberi Kerja Atas Ketidakpatuhan Dalam Program Jaminan Sosial Ketenagakerjaan, Akmal Lageranna Nov 2021

Risiko Pemberi Kerja Atas Ketidakpatuhan Dalam Program Jaminan Sosial Ketenagakerjaan, Akmal Lageranna

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The constitution guarantees that all citizen receives social security protection from the state. The state implements this constitutional mandate through the provisions of the national social security legislation by establishing Badan Penyelenggara Jaminan Sosial (BPJS) or Social Security Administering Departement. BPJS Ketenagakerjaan which is one of the two BPJS established with the scope of implementing an employment social security program to protect workers. Protection of workers is employer responsibility and required to gradually register business entity and all the workers as participants in BPJS Ketenagakerjaan; and also provide complete and correct data of business entity and their employees and their …

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Tinjauan Hukum Terhadap Adanya Utang Baru Yang Dimiliki Debitor Yang Timbul Setelah Dilakukan Homologasi Oleh Pengadilan Niaga Pada Penundaan Kewajiban Pembayaran Utang, Ahmad Firdaus Syahrul Nov 2021

Tinjauan Hukum Terhadap Adanya Utang Baru Yang Dimiliki Debitor Yang Timbul Setelah Dilakukan Homologasi Oleh Pengadilan Niaga Pada Penundaan Kewajiban Pembayaran Utang, Ahmad Firdaus Syahrul

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The second or repeated PKPU application is often underestimated even though the second PKPU can occur as long as it fulfills the provisions of the law. According to some people, if the homologated peace plan has been achieved, it cannot be resubmitted to PKPU with a different debt. The problem that exists is regarding the legal review of the existence of new debts owned by debtors that arise after homologation is carried out by the commercial court on the suspension of debt payment obligations. The research method is a normative juridical research, the typology of the research uses analytical descriptive. …

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Perlindungan Hukum Konsumen Terhadap Masyarakat Penerima Beras Bantuan Sosial Terkait Penanganan Pandemi Covid-19, Agung Trisakti Nov 2021

Perlindungan Hukum Konsumen Terhadap Masyarakat Penerima Beras Bantuan Sosial Terkait Penanganan Pandemi Covid-19, Agung Trisakti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In handling the spread of COVID-19, the Indonesian government provides social assistance to communities affected by COVID-19 through the Ministry of Social Affairs, one of which is by providing assistance in the form of staple food, namely rice which is distributed through one of the BUMNs in the food sector, namely Perum BULOG. In the implementation of the distribution of aid, it was found that there were reports related to rice that had been distributed in poor quality and was mixed with other materials which were feared to have an impact on the people who consumed the rice. The research …

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A Screening Of Attica And A Conversation With Tyrone Larkins And Akil Killebrew, Cardozo Criminal Defense Clinic, Cardozo Public Service Scholars Program, Cardozo Civil Rights Clinic, E. Nathaniel Gates Scholars Program Nov 2021

A Screening Of Attica And A Conversation With Tyrone Larkins And Akil Killebrew, Cardozo Criminal Defense Clinic, Cardozo Public Service Scholars Program, Cardozo Civil Rights Clinic, E. Nathaniel Gates Scholars Program

2021 Event Invitations

Join us for a screening of the film in conjunction with a panel discussion featuring Tyrone Larkins and Lawrence Akil Killebrew, both of whom are formerly incarcerated people and were in their early twenties when they were serving their sentences at Attica Prison in 1971. They are survivors of the brutality that was witnessed at Attica between September 9 and September 13, 1971.

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Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver Nov 2021

Contemporary Trends In Combating Transnational Financial Crimes, Khamzaev Dilaver

ProAcademy

In the article, the author highlights the lack of effective law enforcement in the field of combating transnational financial crimes as an existing problem in this area. This conclusion was made based on an analysis of the views and opinions of representatives of legal science and practitioners in this field, as well as the reporting documents of mutual assessments for compliance with international standards of Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) systems of the participating states of the Financial Action Task Force on Money Laundering (FATF). The author, dividing the ways of improving the effectiveness of the implementation …

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On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun Nov 2021

On The Organization Of The Pro Curatorial Organs In China And Its Reform Of The Internal Institutions, Ji Meijun

ProAcademy

The organizational structure of Chinese prosecutor’s organs reflects country’s historical traditions and legal system, and thus it clearly differentiates from other jurisdiction in the world, especially the jurisdictions of the common law legal system. The article starts with the constitutional grounds for prosecutor’s activities, and focuses on the major developments in the structure and powers of Chinese prosecutor’s Organs. The changes are analysed that took place with the creation of the National Supervisory Commission, when the power of investigation of duty crimes of the prosecutor’s organs has been taken away. The prosecutorial agencies and the courts belong to different power …

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Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos Nov 2021

Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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Semmy Lasco Kavinga V The People Appeal No 51/2018 (21 August 2019), O'Brien Kaaba Nov 2021

Semmy Lasco Kavinga V The People Appeal No 51/2018 (21 August 2019), O'Brien Kaaba

SAIPAR Case Review

The law on sentencing in Zambia is to a great extent chaotic and in disarray. No clear standards are set by the superior courts to guide lower courts and litigants. Often the sentences are at variance with constitutional norms and there has been no sustained effort to align the law of sentencing with constitutional standards, save for a few cases concerning corporal punishment. Somehow, a judicial culture has evolved and continues to grow of sentencing people without regard for constitutional norms. Yet the constitution is the supreme law, the ultimate source of all law and ought to permeate all laws …

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Fewer, Not Fairer, Victoria Smiegocki, Pamela R. Metzger, Andrew L.B. Davies Nov 2021

Fewer, Not Fairer, Victoria Smiegocki, Pamela R. Metzger, Andrew L.B. Davies

Deason Center Reports

In 2019, police across Dallas County asked the District Attorney to prosecute fewer marijuana cases than the year before. This report examines whether the racial disparity in those cases improved at the same time. Fewer, Not Fairer shows that while the number of referrals declined, police were still more likely to refer a Black person for marijuana prosecution than a non-Black person. However, some cities achieved more fairness when their police departments almost entirely stopped requesting marijuana prosecutions altogether.

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Criminal Law And Procedure, Brittany A. Dunn-Pirio, Timothy J. Huffstutter, Mason D. Williams Nov 2021

Criminal Law And Procedure, Brittany A. Dunn-Pirio, Timothy J. Huffstutter, Mason D. Williams

University of Richmond Law Review

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant published appellate decisions and legislation.

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Disrupting Death: How Specialized Capital Defenders Ground Virginia’S Machinery Of Death To A Halt, Corinna Barrett Lain, Douglas A. Ramseur Nov 2021

Disrupting Death: How Specialized Capital Defenders Ground Virginia’S Machinery Of Death To A Halt, Corinna Barrett Lain, Douglas A. Ramseur

University of Richmond Law Review

Virginia’s repeal of capital punishment in 2021 is arguably the most momentous abolitionist event since 1972, when the United States Supreme Court invalidated capital punishment statutes nationwide. In part, Virginia’s repeal is momentous because it marks the first time a Southern state abolished the death penalty. In part, it is momentous because even among Southern states, Virginia was exceptional in its zeal for capital punishment. No state executed faster once a death sentence was handed down. And no state was more successful in defending death sentences, allowing Virginia to convert death sentences into executions at a higher rate than any …

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Confrontation’S Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman Nov 2021

Confrontation’S Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman

Texas A&M Law Review

The Confrontation Clause in the Sixth Amendment affords the “accused” in “criminal prosecutions” the right “to be confronted with the witnesses against” them. A particular challenge for courts over at least the last decade-plus has been the degree to which the Confrontation Clause applies to forensic reports, such as those presenting the results of a DNA, toxicology, or other CSI-type analysis. Should use of forensic reports entitle criminal defendants to confront purportedly “objective” analysts from the lab producing the report? If so, which analyst or analysts? For forensic processes that require multiple analysts, should the prosecution be required to produce …

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Beyond Bail, Jenny E. Carroll Nov 2021

Beyond Bail, Jenny E. Carroll

Faculty Scholarship

From the proliferation of community bail funds to the implementation of new risk assessment tools to the limitation and even eradication of money bail, reform movements have altered the landscape of pretrial detention. Yet little attention has been paid to the emerging reality of a post-money bail world. With monetary bail an unavailable or disfavored option, courts have come to rely increasingly on non-monetary conditions of release. These non-monetary conditions can be problematic for many of the same reasons that money bail is problematic and can inject additional bias into the pretrial system.

In theory, non-monetary conditions offer increased opportunities …

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Foreword, Joseph Giarratano Nov 2021

Foreword, Joseph Giarratano

University of Richmond Law Review

No abstract provided.

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An Uncertain Participant: Victim Input And The Black Box Of Discretionary Parole Release, Noah Epstein Nov 2021

An Uncertain Participant: Victim Input And The Black Box Of Discretionary Parole Release, Noah Epstein

Fordham Law Review

Little is understood about the parole release process, as state parole boards predominately operate with incredible discretion and keep their deliberations and rationales hidden from public view. Even less is understood about the intersection of the inscrutable parole release decision-making process and victim rights. As the victim rights movement mobilized in the 1970s, victims, instead of remaining passive witnesses, came to wield significant influence over the release decision process. Today, victim participation in parole proceedings is increasing as most parole boards proclaim how important victims’ voices are and, in turn, actively incorporate victim input into their release calculus. Yet, it …

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Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert Nov 2021

Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert

Michigan Law Review

Over the last decade, state legislators have enacted statutes acknowledging the link between criminal behavior and trauma resulting from domestic violence and human trafficking. While these interventions take a step in the right direction, they still have major shortcomings that prevent meaningful relief for survivor-defendants. Until now, there has been no systematic overview of the statutes that require courts to consider a defendant’s history of trauma in the contexts of domestic violence and human trafficking. There has also been no attempt to explore how these statutes relate to each other. This Note fills those gaps. It also identifies essential elements …

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Justice Delayed Is Not Justice Denied: Considerations And Concerns For Addressing The National Sexual Assault Kit Backlog, Bryan Schwartz Oct 2021

Justice Delayed Is Not Justice Denied: Considerations And Concerns For Addressing The National Sexual Assault Kit Backlog, Bryan Schwartz

University of Cincinnati Law Review

Across the nation, many states have started clearing their backlogs of thousands of untested sexual assault kits. Most states have also implemented legislative and procedural safeguards to improve sexual assault investigation and prevent future backlogs. This article first posits that states seeking to address their sexual assault kit backlog should consider Nevada’s approach, which successfully eliminated the backlog and simultaneously reformed its sexual assault investigation procedures. However, this article primarily argues that, without allocating reoccurring future funding to support the recent legislative and procedural changes, states run the risk of future backlogs of sexual assault cases. State legislatures and policymakers …

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When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman Oct 2021

When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman

University of Cincinnati Law Review

The COVID-19 pandemic cast into harsher relief much that was already true about mass incarceration in the United States. It also cast into harsher relief much that was already true about the legal barriers confronting people seeking to make its conditions more humane. This Article offers a brief overview of the legal landscape as the COVID-19 crisis arose and then surveys eight prominent federal cases involving Eighth Amendment claims related to COVID-19 outbreaks at carceral facilities, most of which included significant litigation over whether they could secure release through habeas corpus. The Article then distills six key tensions from these …

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Overcoming Obstacles To Reentry Panel, Mackenzie Hobbs Oct 2021

Overcoming Obstacles To Reentry Panel, Mackenzie Hobbs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

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Rose Lecture, Mackenzie Hobbs Oct 2021

Rose Lecture, Mackenzie Hobbs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

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Front Matter, Mackenzie Hobbs Oct 2021

Front Matter, Mackenzie Hobbs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

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Book Review Of Charged: The New Movement To Transform American Prosecution And End Mass Incarceration, Justin Murray Oct 2021

Book Review Of Charged: The New Movement To Transform American Prosecution And End Mass Incarceration, Justin Murray

Journal of Legal Education

No abstract provided.

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Grand Juries Should Not Hear Police Misconduct Cases: Grand Juries Will Indict Anything, But A Police Officer, Kaeleigh Wiliams Oct 2021

Grand Juries Should Not Hear Police Misconduct Cases: Grand Juries Will Indict Anything, But A Police Officer, Kaeleigh Wiliams

SLU Law Journal Online

Grand juries will indict everyone but police officers. In this article, Kaeleigh Williams argues that the time has come for a new mechanism to be used in police officer misconduct cases.

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