Law and Economics Commons^™

The Current State Of Abortion Law In Virginia Leaves Victims Of Domestic And Sexual Violence Vulnerable To Abuse: Why Virginia Should Codify The Right To Abortion In The State Constitution†, Courtenay Schwartz

University of Richmond Law Review

All people must have access to safe and legal reproductive health care—especially victims of sexual and domestic violence who can and do become pregnant because of the violence they experience. This year, the United States Supreme Court overturned Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey in Dobbs v. Jackson Women’s Health Organization. In doing so, the Supreme Court held that the Constitution does not protect the right to an abortion. Though abortion access is currently protected in Virginia, this could change with each new General Assembly session. To guard against the danger that this poses to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn Rain Monroe

University Honors Theses

In recent years, sex trafficking has become more well-known in the public sphere, generating activism and legislation in an effort to combat this human rights issue. With this increased awareness comes challenges in appropriately understanding sex trafficking. The general public and even lawmakers often do not understand the complete dynamic or complexities of sex trafficking. Definitional inconsistencies make it difficult to provide a universal definition of sex trafficking, contributing to misconceptions involving the methods of entry and the barriers to exiting. Ultimately, this prevents proper identification of victims, hinders the protection of victims, and the implementation of survivor-oriented legislation, meaning …

Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, Michael Mueller-Smith, Benjamin David Pyle, Caroline Walker

Faculty Scholarship

This paper studies the impact of adult prosecution on recidivism and employment trajectories for adolescent, first-time felony defendants. We use extensive linked Criminal Justice Administrative Record System and socio-economic data from Wayne County, Michigan (Detroit). Using the discrete age of majority rule and a regression discontinuity design, we find that adult prosecution reduces future criminal charges over 5 years by 0.48 felony cases (↓ 20%) while also worsening labor market outcomes: 0.76 fewer employers (↓ 19%) and $674 fewer earnings (↓ 21%) per year. We develop a novel econometric framework that combines standard regression discontinuity methods with predictive machine learning …

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …

Let's Talk Dirty: Revealing The United States Sanitation Crisis And Its Disproportionate Effect On Poor And Minority Communities, Lindsay Norton

Villanova Environmental Law Journal

No abstract provided.

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Representative offices are present in Indonesia in order to meet the needs of global economic growth in all countries. Multinational companies expand their business to other countries through relocation policies. The aim is none other than an effort to reduce production costs through a number of comparative advantages possessed by Indonesia as well as seizing such a large market for these products, and through this way multinational companies benefit. The presence of representative offices in Indonesia is regulated by Presidential Decree Number 90 of 2000 concerning Representative Offices of Foreign Companies. Through the Presidential Decree, the government limits the scope …

Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Transfer Pricing refers to pricing transaction within and between enterprises situated in different countries and belong to the same multinational group. Cross-border transaction inevitably affects international taxation, especially when multinational enterprises encounter two or more countries that apply different tax collection systems. Consequently, a Tax Treaty (Perjanjian Penghindaran Pajak Berganda/P3B) is made to resolve issues involving double taxation. However, since the Tax Treaty’s benefits vary by country, the investors or companies tend to abuse the agreement in order to gain the most profitable benefits or incentives. Abusing the benefits of Tax Treaty (P3B) could be categorized as an act against …

Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura, Muhammad Salman Al Farisi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Amendments to Law No. 4 of 2009 became Law No. 4 of 2009 withdrawing almost all local government authority into central authority. Leaving room for delegation of some of the authority of the Central Government to provincial regional governments for the issuance of IPR and SIPB, even district-city governments no longer have space for authority over coal mineral mining matters. the authority of provincial or district/city regional governments in mining affairs, is a concurrent matter which in its handling involves the central government and regional governments, withdraws most of the authority and does not involve regional governments, of course it …

Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual, Siti Sharhana Drajat

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Sexual violence in Indonesia has caused a public’s worry. The bill on the elimination of sexual violence (RUU PKS) is considered very important to be passed. Purpose of this article is to analyze the suitability of the principles in the RUU PKS with Indonesian act of Formulation of Laws and Regulation Number 12 of 2011 (UU P3). The method used in writing this article uses the normative legal research. Results of this study are formal principles in the anti sexual violence bill is appropriate with the UU P3 except the principle of openness. Likewise with the material principles in the …

Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan, Siti Rahmah Sari Ramadhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Law Number 37 of 2004 (UUK-PKPU) is a refinement of the old bankruptcy regulation of Faillissementsverordening (Fv) and Law Number 4 of 1998 (UUK). Completion is done in order to meet the needs and solve problems that arise in connection with bankruptcy. However, despite the changes and improvements to the regulation, there are still problems that arise, especially in accelerating the timing of debt collection (acceleration). In the UKK and Fv acceleration is not regulated normatively. So the judge has the discretion to make the discovery of the law differently in each case. In UUK-PKPU acceleration found in the explanation …

Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang, Siti Fatimah Citra Nurislamiati

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discusses the application of pre-emptive rights over tax debt collection in bankruptcy disputes regulated in Article 41 paragraph (3) of Law Number 37 of 2004 concerning the Bankruptcy and Deferral of Debt Payment Obligations displayed by the Directorate General of Taxes. Tax debts outside the bankruptcy process for compulsory taxes are being filed for bankruptcy by requesting the Commercial Court to return all tax liabilities that would harm the interests of the country. In the event that a taxpayer has been declared bankrupt, the Directorate General of Taxes still has the right to overtake and is privileged, requesting …

Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia, Siti Aminah

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The purpose of this paper is to find out and analyze the position of Indirect evidence used by KPPU in the completion of cartel practices in Indonesia and to analyze indirect evidence in terms of systems of verification in Indonesia. The research method used in this writing is a method of legal research that is prescriptive. The position of Indirect Evidence or evidence in the process of evidence can be accepted as evidence in proof of a cartel case and is evidence that must support the occurrence of alleged cartel practices in terms of price fixing and this indirect evidence …

Tinjauan Resi Gudang Sebagai Lembaga Jaminan, Savitri Islamiana Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Warehouse Receipt System is expected as a solution to overcome the fall in commodity Warehouse Receipt System is expected as a solution to overcome the fall in commodity prices at harvest by storing farmers' harvests in the warehouse. The building manager will issue a Warehouse Receipt as proof of ownership of the goods stored as collateral for the debt that can be transferred by the inventory collateral. Therefore, the government Act No. 9 of 2011 concerning Amendment to Law No. 9 of 2006 concerning the Warehouse Receipt System (SRG Law). This research seeks to answer can the warehouse receipt provisions …

Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X), Salsabila Putrianda

"Dharmasisya” Jurnal Program Magister Hukum FHUI

With the present development of technology and the internet, everything has been made easier. One sector that is affected by the development of information and communication technology is Banking, an economic sub-sector that mobilizes public funds. Behind the convenience obtained from the use of Internet Banking, there are also risks that can be used in the use of this service, among others, many violations of law regarding personal data via the Internet and also regarding financial risks suffered by bank customers in the use of Internet Banking The IT criminals cause the Banking industry to be able to prepare security …

Dampak Ketiadaan Perda Penetapan Ukl/Upl Pada Kepastian Hukum Dalam Pelaksanaan Desentralisasi Di Bidang Lingkungan Hidup, Puteri Amirillis

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The case of mangrove damage on the South Coast of West Sumatra in 2016-2017 where the defendant was a Deputy Regent who owned land in the Nagari Mandeh area, Pesisir Selatan, West Sumatra. The land was built without an environmental permit. The absence of an environmental permit has emerged because of the mangrove damage. This paper focuses on the absence of environmental permits because there is no stipulation on the types of businesses that are required to have UKL / UPL which should be stipulated by a regional regulation (Perda) by the Regional Government of the Pesisir Selatan Regency. This …

Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah, Prahesti Sekar Kumandhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Environmental law enforcement by regional governments in the context of regional autonomy is an important part of realizing quality environmental protection and management through the formation of regional legal policies. Regional legal policies regarding the protection and management of life-based on statutory regulations at the central level also influence the functioning of environmental law enforcement in the regions. This article aims to review the pattern of environmental law enforcement based on the Law on Environmental Protection and Management, the Regional Government Law, and the Job Creation Act, and discusses the relationship between the functioning of environmental law enforcement in the …

Disharmonis Penyelenggaraaan Sistem Jaminan Sosial Nasional Bagi Aparatur Sipil Negara Di Indonesia, Prima Anindya Kartika

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Social security system is made to actualize prosperity, welfare, and justice to Indonesian society. When Law No. 24 Year 2011 published, the existence of social security system cause discrimination, especially for government employee, because the healthcare security is merged. Moreover, the other insurance is also going to be merged with other sector such as private sector, businessman or investor, even an unemployment. It is stated in Article 65 Law No. 24 Year 2011, that PT ASABRI and PT TASPEN (PERSERO) which is now manage the pensions and retirement benefits of military and civil servants the transfer the program of Insurance …

Kausalitas Penegakan Hukum Tindak Pidana Korupsi Terhadap Stabilitas Keuangan Negara, Nur Ghenasyarifa Albany Tanjung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Corruption is an extraordinary crime because it touches various lines of life. One of the fundamental elements in corruption is the loss of the country's economy and finance. So far, various efforts have been made for criminal law enforcement, through various criminal sanctions, as well as the existence of an independent institution specifically tasked with conducting criminal law enforcement. However, corruption continues to be massive in Indonesia, which will also affect state losses. This article will discuss the causality of law enforcement on corruption against state financial stability. There is a causality between law enforcement of criminal acts which has …

Perlindungan Bagi Umkm Terhadap Persaingan Usaha Tidak Sehat, Nadia Feby Artharini

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal discusses the protection of Micro, Small and Medium Enterprises (MSMEs) against unfair business competition. This research uses literature study on secondary data. The result of the research is the identification of regulations regarding unfair business competition, especially for MSMEs. Regarding the protection for Micro, Small and Medium Enterprises or MSMEs against unfair business competition, there are several aspects, namely the reasons why protection for Micro, Small and Medium Enterprises or MSMEs should be held against unfair business competition and the form of protection provided by the KPPU to MSMEs in unfair business competition.

Keywords: UMKM, protection, unfair business …

Penanganan Situs Internet Bermuatan Negatif Menurut Undang Undang Nomor 11 Tahun 2008 Dan Peraturan Menteri Komunikasi Dan Informasi Nomor 19 Tahun 2014, Muhammad Farhansyah Hamid

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discuss about the concept of a internet sites that is defined to be negative and how’s the Indonesian law regulates it, and about the mechanism of negative site handling based of peraturan menteri komunikasi dan informasi nomor 19 tahun 2014. Furthermore, it will be discussed about the human rights to have access to the information and how negative content handling related to it. This legal research uses normative juridical approach with secondary data from national, regulations, books, and interview with sources. The result of this research is that content handling is so related to limitation of human rights …

Tugas Dan Wewenang Lembaga Manajemen Kolektif Nasional Berdasarkan Undang-Undang Hak Cipta, Muhammad Faisal

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Copyright Law No. 28 Year 2014 is bringing hope for the Creator, Copyright Owner, and Related Right Owner because this law regulated about National Collective Management Organization and Collective Management Organization where with those organizations the process of collecting and distributing the Royalti is hoped to be better where finally the Creator, Copyright Owner, and Related Right Owner do not have to think over about their economical right (royalty) and they can more focus on their new works. This writing is discussing the task and authority of the National Collective Management Organization and Collective Management Organization, how to form a …

Pembaharuan Hukum Atas Hak Cipta Di Indonesia, Lucky Adhandani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Copyright in this era of globalization is an important commodity for international trade, but violation in copyright in Indonesia still very high, for the good legal guarantees for copyright holders and related rights holders, this legal reform is a matter the important thing is to be able to explain legal reform, The author in this case takes a review of sociological jurisprudence as a basis for researching legal reform. With interdisciplinary research methods, the sociological jurisprudence sees law not merely as a normative phenomenon but at the same time normative and sociological phenomena, because the reality of law in society …

Perlindungan Hukum Bagi Investor Dalam Pelaksanaan Transaksi Saham Dengan Sistem Perdagangan Online Trading, Indira Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper analyzes the mechanism of transactions with online trading systems and protection of investors in online trading transactions, specifically in stock trading. The growth of online trading shows us a method of stock trading that is suitable in the technology development era where technology is used as a vital point for financial transactions. Legal protection of investors in the implementation of online trading systems, specifically in stock trading has been regulated in some regulations but still not comprehensive. In addition to the OJK Law which regulates the protection of investors in a preventive and repressive manner, the Capital Market …

Komparasi Pengalihan Objek Jaminan Fidusia Dalam Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Dan Fatwa Dsn-Mui Nomor 68/Dsn-Mui/Iii/2008, Ibnu Iyadh

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Fiduciary institutions were born with the background of fulfilling the increasing and developing needs of the community and the many shortcomings of institutions that were previously the only institutions in fulfilling the needs of the community. which results in a person being unable to continue paying their debts, so that a debt transfer is carried out, among others, namely after paying a down payment of two or three installments in the first month, the debtor is not willing to pay the remaining installments on the grounds that he only wants to experience new goods and, due to frequent defaults committed …

Kewenangan Inspektorat Jenderal Kementerian Pendidikan, Kebudayaan, Riset, Dan Teknologi Dalam Melakukan Pengawasan Intern Terhadap Pengelolaan Dana Bantuan Pemerintah, Handoyo Priyadi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of the goals of the state as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia is to educate the life of the nation. In the context of achieving the goals of the state, there are various programs in the field of education and culture which are implemented in various ways and mechanisms, one of which is through the government assistance mechanism allocated to the Ministry of Education, Culture, Research, and Technology. In order to ensure that the implementation of the program with the government assistance mechanism can run well in accordance with the predetermined …

Perlindungan Hukum Terhadap Virtual Model (Cad Files) Untuk 3d Printing Ditinjau Dari Perspektif Hak Cipta Dan Tentang Desain Industri, Gusti Karina Saraswati

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The existence of 3D Printing and CAD Files has great potential to conflict with the protection of intellectual property rights, especially copyright and industrial design. It is undeniable that in the future this technology will flourish in Indonesia. 3D Printing can change the market ecosystem where people are not selling products but selling virtual models (CAD Files). This ecosystem will have an impact on designers and companies, so they will try to protect their CAD Files from modification and copying by other parties. The legal problem of this research is to answer the question of the form of protection for …

Perbandingan Bentuk Hukum Perusahaan Perseroan Negara Indonesia Dan Brunei Darussalam, Gilang Prabowo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Limited Liability Company is a legal entity established under an agreement, carrying out business activities with authorized capital which is entirely divided into shares and fulfills the requirements stipulated in the law of limited liability companies and their implementing regulations. Research with a normative juridical approach that is descriptive begins with the regulation of limited liability companies, establishment, and organs contained in limited liability companies in Indonesia and comparison with the state of Brunei Darussalam. The purpose of this paper is to make Comparative Regulations governing the Indonesian state-owned companies with Brunei Darussalam.

Keywords: company; limited company; regulation; Indonesia; …

Percepatan Pelayanan Perizinan Berusaha Dalam Rangka Potensi Peningkatan Investasi Sektor Sumber Daya Alam: Pertanian, Farid Anfasa

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This research discusses about licensing is a policy instrument of the government to control negative externalities that may be caused by social or economic activities. License is also an instrument for legal protection for the ownership or operation of activities. The Acceleration of Business Licensing Services in Indonesia is still far from ideal as expected by business people. Seeing this fact, there is a need to change the service paradigm, especially investment licensing services, so that investment licensing procedures can be created that can be categorized as cheap, fast and clear in accordance with predetermined public service standards. Therefore the …