Criminal Law Commons^™

The Penal Autoritarianism In Its Highest Levels: The Crimianl Law Of Enemy- Dr. Abdelhafid Belkadi

UAEU Law Journal

By analyzing the evolutionary process shown up theough the growth of the penal intervention and its total expansive extension in our thime, the penal doctrine proposes a number of instruments and new theoretical concepts.

We find among these utilized concepts destined to describe some domaiuns of concern of the penal imtervention by the new criminalizing texts what is called in the German terminology "the criminal law of enemy" {Feindstrafrechr}.

The most salient characteristics of this law consists in the fact that it is an exceptional law that imposes itself in a permanent way eithin the jurisical order in the sake …

Blurred Lines: How To Rationally Understand The “Rational Understanding” Doctrine After Madison V. Alabama, Cassidy Young

Pepperdine Law Review

In Madison v. Alabama, the Supreme Court held that a capital inmate’s inability to remember his crime did not render him incompetent to be executed. The Court reasoned that an individual who suffers from episodic memory loss may still “rationally understand” society’s reasons for sentencing him to death for a crime he once committed. This Note explores the impact of memory loss on a person’s self-identity, and consequently challenges the notion that a capital inmate who no longer remembers his crime can truly have a rational understanding of it. Specifically, this Note examines how memory loss substantially weakens the two …

The Concept Of Transparency In The Work Of The Courts And Its Role In The Administration Of Justice, Erkin Kuchkarbaevich Sabirov

ProAcademy

The article examines the concept of transparency in the activities of the courts and its role in the administration of justice. Information about the private lives of persons who cannot be disclosed and will be heard in closed court shall be specified in detail and shall include personal audio and video recordings, photographs and films, electronic, digital and other documentary means in addition to personal correspondence and other personal messages. When the case is heard in closed session of the court, it should be borne in mind that the participation of persons under the age of sixteen is not allowed …

Criminal Protection For Personal Data And Information Stored In Computer, Mohammed Hammad Al Hiti

UAEU Law Journal

The first chapter includes the meaning of information and data, its kinds and mane points of resemblance, and difference between data and information, and the most important characteristics of information.

The second chapter putting for ward the necessity of research about criminal protection for personal data and information stored in computer which are represented in the following :-

1- The logical justification to search for protection.

2- The risks which the life specially exposed to, in particular, after depending on computer to store the personal data and information.

3- The importance for criminal protection.

But the third chapter which comprises …

Perspektif Hukum Mengenai Jasa Netflix Di Indonesia Terkait Indonesia Schedule Of Specific Commitment Dalam Lingkup General Agreement Trade In Services, Chorfiranda N.M

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal discusses Netflix services in Indonesia within the scope of the General Agreement on Trade in Services. Netflix is a company from the United States that is engaged in leasing movies and television series with a subscribe system that is digitally distributed. Currently the international regime that includes services is the General Agreement on Trade in Services (GATS). GATS regulates services that have crossed the borders of the World Trade Organization (WTO) member based on GATS principles. This thesis uses the study of normative law with prescriptive research and the conceptual approach. The results of this study indicate that …

Perlindungan Hukum Terhadap Pekerja Penyandang Disabilitas, Ametta Diksa Wiraputra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

A person with a disability is someone who has physical, intellectual, mental and / or sensory limitations for a long time. This research examines and answers problems regarding the protection of workers with disabilities in Indonesia who are currently vulnerable and still experiencing discrimination. Persons with disabilities certainly have the right to get a decent living by working and entrepreneurship as mandated in the 1945 Constitution. The type of research used in this research is descriptive analytical with secondary data types which are then analyzed by qualitative analysis with data obtained from the results of observations and interviews. The results …

Konsep Penerapan Prinsip Business Judgement Rule Pada Keputusan Direksi Badan Usaha Milik Negara (Bumn), Gita Wanda Sesara

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Member of the Board of Directors (Director) of State Owned Enterprises (BUMN) are appointed and dismissed by the Shareholders which if the shares are one hundred percent owned by the government, then he appointment and dismissal of Director are carried out by the government. As an extension of the government, Director are required to be able to manage the company with integrity, prudence, as well as profit-oriented. Director in carrying out the company activities must be able to prove that the decisions are not based on personal decisions, but only for corporate purposes. Director manages the company by adhering to …

Penyelesaian Sengketa Tapal Batas Antara Kabupaten/Kota Berdasarkan Undang-Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah, Harry Setya Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Since the issuance of Law Number 22 Year 1999 concerning Regional Government, many regions in Indonesia have proposed regional expansion. This is suggested by the centralistic model of governance in the New Order era, which causes regions to become undeveloped because they cannot maximize their regional potential. The spirit of pemekaran is based on Regional Autonomy, Regional Autonomy gives the right to regulate, manage their own government affairs in line with the Unitary State of Indonesia. Along with the rapid rate of regional expansion on the other hand new problems have arisen which have not been an important spotlight for …

Penegakan Hukum Terhadap Penertiban Rumah Negara Di Lingkungan Kementerian Keuangan, Hasya Ilma Adhana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Law of the Republic of Indonesia Number 1 of 2011 on Houses and Housing Area rules that “A statehouse is a house owned by state and functioned as a living house or residence, and as a facility to grow a family and to support government officials’ duties.” Ministry of Finance of the Republic of Indonesia has 10.475 statehouses including 4.118 statehouses which lived by person who has no rights or no occupancy. The availability of statehouses owned by the Ministry of Finance is not equivalent to the number of employees. Currently, the Ministry of Finance has 80.524 employees. With regard …

Kepastian Hukum Pengelolaan Sektor Hulu Migas Dengan Kontrak Bagi Hasil Split Yang Bersifat Lintas Sektor Dan Implementasinya Terhadap Pertumbuhan Investasi Disektor Hulu Migas, Bunga Nostalgi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In early 2017, Indonesia establish anew form of Production Sharing Contract (PSC). fromPSC cost recovery to PSC gros split. PSC gross split is expected to be a solution to thedecline upstream oil and gas investment level, and to increase state revenues. ThroughESDM Regulation No. 8/2017 PSC gross split was applied. The basic term by PSC grosssplit are there’s no cost recovery, base split, component variable and component progresifas a compliance of profit sharing adjustments, self procurement by the contractor withoutSKK Migas approval, and Plan Of Development (POD) approval less than one month.This study aims to determine the legal certainty in …

Foreign Direct Investment Negara Kamboja, Amanda Julia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Investment is divided into 2 (two), namely direct investment or commonly known as foreign direct investment and foreign indirect investment. Foreign direct investment provides benefits for a country that applies it, namely increasing socio-economic development, reducing poverty and transferring technology. Of the many benefits of foreign direct investment, it certainly provides a big benefit for developing countries such as Cambodia. The Cambodian Investment Law of 1994 establishes an open and liberal foreign investment regime. All sectors of the economy are open to foreign investment and the government allows 100 percent foreign ownership of companies in most sectors. In order to …

Hubungan Keuangan Pemerintah Pusat Dan Daerah Dalam Penyelenggaraan Jaminan Kesehatan Nasional, Amelia Martira

"Dharmasisya” Jurnal Program Magister Hukum FHUI

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 …

Aspek Hukum Atas Penerbitan Waran Tanpa Hak Memesan Efek Terlebih Dahulu Sebagai Cara Pembayaran Utang Emiten Pasar Modal Indonesia, Arfan Noer Azwad

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In order to debt restructuring activities, a public company may be able to utilize various capital market instruments deemed to be most appropriate to the circumstances of public companies or issuers. One of them is by selling the equity securities either selling stocks, converting bonds in the settlement of debt restructuring, and / or issuing warrants.Warrants issued as part of a restructuring scheme of the Capital Market Issuers in debt repayments certainly have legal risks which certainly have an impact on shareholders, or on creditors.

Analisis Terhadap Peranan Badan Pengawas Pemilu Dalam Menangani Kampanye Hitam Pada Pemilihan Umum Presidenrepublik Indonesia Tahun 2014 Berdasarkan Undang-Undangnomor 15 Tahun 2011 Tentang Penyelenggaraan Pemilihan Umum, Christopher Sinaga

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Black campaigns, especially in the case of Election administrative violations in campaign activities that violatethe campaign provisions as set out in Article 41 Number (1) of the Election Law of the President and VicePresident, can have a negative impact on one of the pairs of candidates for President and Vice President. Thepurpose of this study was to determine the role of the Election Supervisory Body in dealing with blackcampaigns in the 2014 Presidential Election in terms of Law Number 15 of 2011 concerning the Implementationof General Elections. The approach method in this study uses normative legal research. The specifications in …

Logo Dipersimpangan Undang-Undang Hak Cipta Dan Undang-Undang Merek, Danthy Julinentie

"Dharmasisya” Jurnal Program Magister Hukum FHUI

After the enactment of Law No. 28 of 2014 concerning the Copyright of trademark owners who have their own trademark of words and logos are unable to apply for intellectual property protection in the case of a registration / registration application where, if the logo is also a logo used in the protection of the mark, interpretation of the protection of a Work in the form of a logo against the concept of Copyright comparable to the concept of Brand Rights. This goal difference also differentiates the interests of claims of copyright and trademark infringement. In this case there is …

Persyaratan Pencalonan Kepala Daerah Dalam Uu Nomor 10 Tahun 2016 Dan Kaitannya Dengan Pelaksanaan Fungsi Kaderisasi Oleh Partai Politik, Dessy Marliani Listianingsih

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In order to embody a good local governance must start from creating governors who have good competence and quality, this is reflected in training or caderization. In this case, political parties have an important role to carry out their political recruitment functions, in which there are also contributions in caderizationing, selecting, and offering prospective governors to the people through the elections. Governors who are offered to the people through the elections should be a product of a gradual and continuous caderization. Therefore, the contents of the Law number 10 of 2016 as a legal platform for the election of regional …

Urgensi Meratifikasi Framework Convention On Tobacco Control (Fctc) Dalam Upaya Pengendalian Konsumsi Tembakau Di Indonesia, Fajar Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The current problem of tobacco consumption has become a global issue that covers almost all aspect of life, both economic, social and community welfare aspects, especially for the health aspects because of the impact of the healt losses they cause. Cigarette consumption in Indonesia continues to experience a significant increase. Indonesia is the thrid country with the highest number of smokers in the world. Global tobacco consumption control has been stated in Framework Convention on Tobacco Control (FCTC) since 2003, hut until now Indonesia has not ratified that FCTC. As part of the civilization of the international community, it is …

Kekuasaan Pengawasan Ombudsman Republik Indonesia Dalam Memastikan Hak Setiap Orang Bebas Dari Penyiksaan Dan Perbuatan Merendahkan Derajat Manusia, Gatot Goei

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The establishment of Ombudsman had been officially established on 2000, based on presidential decree number 44/2000 of Ombudsman Commission of Republic Indonesia. It was later strengthened by Law Number 37/2008 of Ombudsman Republic Indonesia. As one of State Auxiliary Body, Ombudsman exercises one of Legislative's powers, which is supervision function. Its feature adhered is to ensure the state administrators to practice their duty in giving public services. Ombudsman also partakes in guaranteeing the fulfillment of community rights by service provider, basedon enforced law, without discrimination and in line with the public services law. Ombudsman RI participates in protecting people from …

Etika Bisnis Pelaku Usaha Yang Merugikan Konsumen Dalam Hukum Persaingan Usaha, Hirmawati Fanny Tainpubolon

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Competition between business actors has been carried out in ways that are unfair so that there will be consumers who are hammed. This is because there is no honesty regarding the quality of goods offered for circulation by certain business actors by stating that the products they offer are of the highest class quality even though there are hidden defects covered, if this situation occurs in a protracted manner, consumers will suffer a lot of losses. Through the study of juridical analysis and using library research, the author examines two main issues, namely how business competition and business ethics among …

Perspektif Budaya Hukum Dalam Perkembangan Kasus Korupsi Di Indonesia, Fakhruddin Odhy

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In Indonesian society whose culture and social structure are complex, law functions more as a means of community renewal, law grows more from the part of society that has power and authority which can be a reflection of public interests. The fundamental problem in Indonesia is the legal culture that has not been going well. Legal conditions that are still rife in corruption cases being facedIn a legal culture perspective corruption shows behavior that is contrary to the values and norms of honesty, social, religion or law. Corruption itself is classified as a serious crime because it can disrupt economic …

Tinjauan Yuridis Penjaminan Simpanan Bank Dalam Likuidasi Terkait Simpanan Unrecorded Akibat Fraud Yang Dilakukan Oknum Bank, Dwinanto Prakoso

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bank as an agent of development aims to support the implementation of national development in order to improve the distribution of development and its results, economic growth, and national stability towards improving welfare of many people. In the impelemntation of the bank role as an agent of development, banks must carry out their business activities by taking into account public trust in the business of the bank. One of the efforts to maintain public trust in the activity of raising funds by banks, in year 2004 the government established the Deposit Insurance Corporation. One of the functions of the Indonesian …

Kesiapan Indonesia Dalam Memenuhi Nationally Determined Contribution (Ndc) Seb Agaiimplement Asi Paris Agreement Terkait Restorasi Lahan Gambut, Bela Titis Gantika Br Panggabean

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia has stated its participation in one of the Climate Agreement, namely Paris Agreement, in the context of reducing GHG emission. In its implementation, Paris Agreement provides obligations for the Parties to conduct a Nationally Determined Contribution, in which there are targets to be achieved in an effort to reduce GHG emissions, in accordance with the domestic conditions of the participating countries. Undoubtedly, each state has different priorities in efforts to reduce GHG emissions, including Indonesia. Natural disasters such as forest and peatland fires that often occur in Indonesia are considered by the government to prioritize forest and peatland restoration …

Reformasi Birokrasi Bidang Perizinan Penyelenggaraan Telekomunikasi Melalui Pelayanan Perizinan Berusaha Terintegrasi Secara Elektronik (Sistem Oss), Eka Sakti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bureaucratic reform is expected to improve public services for public and to attain Good Governance for a country. In Indonesia, bureaucratic reform is carried out in various aspects and fields, one of which is the licensing bureaucracy of telecommunications in Indonesia through the implementation of the OSS System which is an effort to accelerate business licensing in Indonesia based on PP No. 24 of 2018 and Regulation of the Minister of Communication and Information No. 7 of 2018. In this case, the OSS System reforms business licensing regulations in terms of time, stages, and utilization of technological developments as an …

Consular Formalities Dalam Peraturan Kepala Badan Pengawas Obat Dan Makanan Nomor 26 Tahun 2018 Terkait Kebijakan Hambatan Non Tarif Perdagangan Impor Obat Tradisional, Hendry Ardi Marpaung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

II of the Inventory of Non-Tariff Measures (Industrial Products) specifically in the description of Customs and non-tariff barriers regarding Administrative Entry Procedures state that consular formalities are a type of non-tariff barrier. Fulfillment of certificate of free sale or certificate of pharmaceutical as a parts of consular formalityes issued by authorized government agencies in the country of origin and has been authorized by representatives of the Government of the Republic of Indonesia in obtaining Import Certificates against traditional drug import trade which should not commitment of Indonesia in international trade indicates the existence of non-tariff barriers carried out by Indonesia. …

Criminal Justice In Juvenile Delinquency, Rana Aloutor

UAEU Law Journal

Childhood is a very important period in human life; therefore certain principles exist to control its rights. Because of its status and importance, the Jordanian legislator, like the French one, treated it with special attention and care.

The existence of specific sustem regime in juvenile delinquency has three dimensions: The content, the procedural and the institutional. First, in the content, it doesn't seem adequate to apply at juvenile delinquency the same penalties as adults, measures of protection and education seem more adequate.

Then, in the procedural, the specifity of juvenile delinquency demands special courts, specialized in the issues related to …

Legal Inspection In The Preliminary Investigation A Study In The Jordanian And Comparative Legal System, Hasan Al Jokhdar

UAEU Law Journal

Inspection is one of the most serious procedures of elementary investigation. It is serious by definition since it deals with the human's most hidden secrets by probing into his person, residence, letters or belongings. The right to have secrecy is another face (manifestation) of man's right to a private life. Inspection is one of the most significant and effective investigation procedures because it may reveal material evidence that can assist in uncovering the truth about a crime and its relevance to the defendant.

This study is concerned with the definition of inspection, identification of its features and legal adaptation. It …

Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin

Public Land & Resources Law Review

The Supreme Court of the United States ("Supreme Court") will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it has …

The Prisoner’S Right For Conjugal Privacy, Abdulellah Mohammed Al-Nawayseh

UAEU Law Journal

This research aims at examining the prisoners right of conjugal visits in both penal systems: the Islamic and Common. Wherein right of conjugal visits is a questionable issue in both systems through this study, I defined the concept of conjugal visits and if the conjugal visits system cripples the sanction goals. Then I explained the importance of conjugal visits and the hindrances to apply . Also I clarified the rulings of conjugal visits in Islamic penal system . Although few legislations admit the right of conjugal visits for the prisoner we clarified the rulings of conjugal visits in the legislations …

Protection Of Criminal Offences To Face New Ethical Legislation In Jordan And United Arab Emirates

UAEU Law Journal

It is said that 'honor' is the most precious of all things to human, and that without it the life itself becomes undignified especially for societies who give too much of a weight to this matter such as the Islamic Arabian societies.

The world has recently witnessed massive changes in the way of life that has produced a variety of new crimes and criminal techniques which gravely scratches the person's honor. These had specific adverse consequences on the Arabic societies, since this part of the world has become easily connected to the rest of the liberal countries within the concept …

Corporate Criminal Liability Under The Criminal Laws Of Jordan And Australia: A Comparative Analysis, Moayyad Mohamed Al Qudat

UAEU Law Journal

In Jordan, the current theory of corporate criminal accountability focuses upon the individuals who make-up an organization. However, this legal approach, known as the identification doctrine, based on individual fault assigning has its limitations. Corporations are not just individuals nor can they be reduced to their constituent human agents; rather their formation, structure, activities, policies and whole existence mark them as independent entities in their own right. The present paper provides a comparative analysis of corporate criminal liability in Jordan (a civil law jurisdiction) versus that in Australia (a common law jurisdiction). It highlights some of the key developments in …