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Articles 901 - 930 of 955
Full-Text Articles in Legal Education
Mencari Jejak Konsep Judicial Restraint Dalam Praktik Kekuasaan Kehakiman Di Indonesia, Dian Agung Wicaksono, Andi Sandi Antonius Tabusassa Tonralipu
Mencari Jejak Konsep Judicial Restraint Dalam Praktik Kekuasaan Kehakiman Di Indonesia, Dian Agung Wicaksono, Andi Sandi Antonius Tabusassa Tonralipu
Jurnal Hukum & Pembangunan
The decision on judicial review of Laws by the Constitutional Court was allegedly not fully obeyed by the parties affected by the decision. One form of disobedience tothe judicial review decision by the Constitutional Courtwas shown by the Supreme Court concerning the decision related to the opening of the opportunity to submit a Peninjauan Kembali more than once, which was responded by the Supreme Court with internalregulations which emphasized that Peninjauan Kembali could only be done once.From the phenomenon, this research tries to trace the concept of judicial restraint in the practice of judicial power in Indonesia, as well as …
Perbandingan Kedudukan Dan Kewenangan Kepolisian Dalam Konstitusi Yang Pernah Berlaku Di Indonesia, Farrel Eden Surbakti, Ali Abdilah
Perbandingan Kedudukan Dan Kewenangan Kepolisian Dalam Konstitusi Yang Pernah Berlaku Di Indonesia, Farrel Eden Surbakti, Ali Abdilah
Jurnal Hukum & Pembangunan
The police are defined as a tool of the state in charge of maintaining the security and order of the community, providing protection, and providing protection to the public. The relationship between the community and the police themselves is mutually influencing, where the existence of the police is functional in the structure of life. When people experience changes due to various factors, then there is also a change in moral standards that result in order and order of life according to previous cultures are no longer used. This is what causes the role and function of the police must always …
Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan
Membangun Pengelolaan Perikanan Laut Bebas Di Asia Tenggara Yang Berorientasi Pada Keberlanjutan, Muhammad Insan Tarigan
Jurnal Hukum & Pembangunan
High seas is an ocean legal regime that is free access to every states, including the use of its fisheries. Yet, in fact, fishing on the high seas is dominated by in part of all countries, which are developed countries or at least states with advance technology and finance. The vast potential of high seas fisheries is in line with the high of threat that must be faced, for examples overfishing and destructive fishing. The majority regionals of the world are going through fisheries crisis as well as decreasing of fish stocks in Southeast Asia. Fisheries sector is so important …
Aspek Hukum Peran Wakaf Tunai Pada Masa Pandemi Covid 19, Siska Lis Sulistiani, Intan Nurrachmi, Eva Misfah Bayuni
Aspek Hukum Peran Wakaf Tunai Pada Masa Pandemi Covid 19, Siska Lis Sulistiani, Intan Nurrachmi, Eva Misfah Bayuni
Jurnal Hukum & Pembangunan
The development of cash waqf in Indonesia in the past 10 years is of particular concern. With the law No. 41 of 2004 concerning endowments became the initial foothold in the development of forms of cash endowments, including endowments of money, endowments sukuk, endowments of Islamic insurance policies and others. Of all the innovations of this waqf because waqf has more flexible properties to be able to make new breakthroughs that fit the needs of the times without reducing the essence of the waqf. The legal aspect of developing cash waqf is important because it will affect its position and …
Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba
Studi Sosio Legal Dalam Pemanfaatan Energi Terbarukan Di Perairan Indonesia, Marlina Purba
Jurnal Hukum & Pembangunan
Socio-legal studies are the kind of study that presents the point of view to see the law which focuses on the contact more than the texts. By legal socio approach, the problem which will be learned is notonly study to the norms studied or the law doctrine but see the contact detail of the norms and the enactment. How the law work in the public which will be learned by legal socio study. The legal socio study is done by refer to the research result Cotterrell R about the theory and value. Cotterrell enters the value to explain the action …
Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar
Social Justice In Law, Society And Development: A Marxism Perspective Of Indonesian Case, Ridwan Arifin, Vania Shafira Yuniar
Jurnal Hukum & Pembangunan
This article explores about social justice in peoples lives according to Karl Marxs prespective of the concept of social class. It also discusses Marxs concept of the struggle of the social class to provide a solution for the proletariat, to free themselves from the chain of cruelty, violence and alienation in the capitalist system to achieve social justice. The essence of social justice in Karl Marxs prespective is that if a society has created a manifestation of self through compassion, and the collaboration of a classless society, without violence, and without oppression, and humans are free from all forms of …
Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra
Penghasilan Tidak Kena Pajak (Ptkp) Sebagai Bentuk Perlindungan Hak Ekonomi Dalam Perspektif Hak Asasi Manusia, Auditya Firza Saputra
Jurnal Hukum & Pembangunan
As a ratifying State to the International Covenant on Economic, Social and Cultural Rights (Ecosoc), the Government of Republic of Indonesia has legal obligation to implement steps of realization in effective and measurable manner in fulfilling, promoting, and protecting the economic, social and cultural rights of all its citizens. The issue is, to fulfil such obligation the State will require high amount of cost. The State is being sourced by the taxation policy. From many taxation policies, Income Tax become one of the most preffered segment. Unfortunately, the Income Tax policy, in practice, hardly optimizing due to many social economic …
Kelemahan Pengaturan Pengupahan Bagi Dokter Di Indonesia, Muhammad Nur
Kelemahan Pengaturan Pengupahan Bagi Dokter Di Indonesia, Muhammad Nur
Jurnal Hukum & Pembangunan
The results of the Junior Indonesian Doctors Network (JDN) survey on August 1-30 2018 stated that 26.24 percent of doctors in Indonesias main workplaces were still paid under three million rupiah per month. Then, there are 8.89 percent of doctors who are even paid under one and a half million rupiah per month. Due to the low salaries earned, many doctors end up having to take additional work hours in several practice locations to increase their income. In fact, other studies say that working continuously for doctors increases the risk of malpractice and endangers patients. Low wages also make doctors …
Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin
Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin
Jurnal Hukum & Pembangunan
The use of the term Makar as a translation of the word Aanslag in Indonesias CRIMINAL code currently triggers a variety of polemic because it has a lot of meaning, resulting in an ambiguity that causes no legal certainty to be guaranteed. Indonesias CRIMINAL code is currently in its case that it does not provide define and the limitations of Macar deeds so that the multitasking is still prone to occur. Addressing such a thing, it is necessary to reformulation the draft proceeding in the Penal Code in order to ensure the future legal certainty. The limitation of the performance …
Rekonseptualisasi Penyelesaian Sengketa Proses Pencalonan Pilkada, Supriyadi Supriyadi
Rekonseptualisasi Penyelesaian Sengketa Proses Pencalonan Pilkada, Supriyadi Supriyadi
Jurnal Hukum & Pembangunan
This research aims to find the ideal concept of dispute resolution process in the regional head election, so far the practice of election dispute resolution is carried out by two institutions namely Bawaslu and PTTUN. As for the results of this study in the form of the first, philosophically the Bawaslu institution was born from the provisions of Article 22E paragraph (5) of the 1945 Constitution of the Republic of Indonesia which was interpreted to conduct supervision both in the narrow and broad sense (handling violations and dispute resolution) of the holding of elections or the elections. Second, the dualism …
Kedudukan Dan Kewenangan: Badan Nasional Pengelola Perbatasan Di Indonesia, Putu Wahyu Widiartana
Kedudukan Dan Kewenangan: Badan Nasional Pengelola Perbatasan Di Indonesia, Putu Wahyu Widiartana
Jurnal Hukum & Pembangunan
The vast condition of the Unitary Republic of Indonesia made Indonesia have several border areas stretching from Sabang to Merauke. Management of the countrys territories and border areas has been regulated in Law 43/2008 on State Territories. The National Border Management Agency (Badan Nasional Pengelola Perbatasan/BNPP) is the only institution tasked with managing border areas in Indonesia. The Minister of Home Affairs as the Head of BNPP leads and controls the implementation of the duties and functions of BNPP. In this study using Border Management Theory and Authority Theory. This research uses the normative legal research method which is the …
Pemusatan Kepemilikan Media Massa Di Indonesia: Tinjauan Aspek Hukum, Muhammad Zulfa Aulia, Raffles Raffles
Pemusatan Kepemilikan Media Massa Di Indonesia: Tinjauan Aspek Hukum, Muhammad Zulfa Aulia, Raffles Raffles
Jurnal Hukum & Pembangunan
Today, mass media tend to be exclusively possessed by certain business groups who generally have affiliation to authorities or political parties. This article disscusses the concentration of mass media ownership in the light of constitutional and competition law. The article argues that the privatisation of business and politics towards public information through mass media, which is inevitable, has to be minimized. This due to the fact that mass media is one of pillars to which the democracy of a nation relies on. Despite the ownership of mass media which is a part of expressions (by some elites) of the people …
The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid
The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid
Jurnal Hukum & Pembangunan
Notary has a strategic position in making Islamic banking contracts. This is because the Notary is responsible for the correctness of the contract construction to fulfill the terms of the agreement, as well as sharia principles. This study is intended to analyze the legal consequences that arise in the relationship between the Notary profession and the Islamic banking industry. It is important to find opportunities and challenges of Notaries in supporting the development of Islamic economics in Indonesia. This study uses a philosophical, juridical and empirical approach. The results of the analysis show that the need for a notary who …
Managing The Risk For Fintech Lending Amid The Global Pandemic Corona Virus, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro, Nur Utari Setiawati
Managing The Risk For Fintech Lending Amid The Global Pandemic Corona Virus, Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro, Nur Utari Setiawati
Jurnal Hukum & Pembangunan
The coronavirus (covis-19) is impacting all sectors across the world. Moreover, the covid-19 pandemic will accelerate change in the world economy. That brings both opportunity and danger, says Henry Curr in The Economist. In dealing with global disaster which impacts to the finance and economy world, such as the pandemic of covid-19, fintech lending offers the fastestand the most easy lending service for people in the whole business world nowdays. However, the easy process can cause various problems such as late payment and default in payment. Fintech will suffer from those risks and it can jeopardise the business. Moreover, most …
The Virtual Law School, 2.0, A. Michael Froomkin
The Virtual Law School, 2.0, A. Michael Froomkin
Articles
Just over twenty years ago I gave a talk to the AALS called The Virtual Law School? Or, How the Internet Will De-skill the Professoriate, and Turn Your Law School Into a Conference Center. I came to the subject because I had been working on internet law, learning about virtual worlds and e-commerce, and about the power of one-to-many communications, and it struck me that a lot of what I had learned applied to education in general and to legal education in particular.
It didn't happen. Or at least, it has not happened yet. In this essay I want …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio
The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio
Seattle University Law Review
Family vloggers are among the millions of content creators on YouTube. In general, vloggers frequently upload recorded videos of their daily lives. Family vloggers are unique because they focus their content around their familial relationships and the lives of their children. One set of family vloggers, the Ace Family, has recorded their children’s lives from the day they were born and continue to upload videos of each milestone, including “Elle Cries on Her First Rollercoaster Ride” and “Elle and Alaïa Get Caught Doing What!! **Hidden Camera**.” Another vlogging couple, Cole and Savannah LaBrant, post similar content, including videos titled “Baby …
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie
Seattle University Law Review
President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Preservation Requests And The Fourth Amendment, Armin Tadayon
Preservation Requests And The Fourth Amendment, Armin Tadayon
Seattle University Law Review
Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms, Tom Mozingo
Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms, Tom Mozingo
Seattle University Law Review
In determining the enforceability of online contracts, namely those formed from the use of smartphone applications, courts typically look to whether the contract terms were reasonably conspicuous or communicated to the consumer. With the rise of “browse-wrap” contracts, where terms are not directly communicated to the consumer or where the consumer is not required to click the equivalent of an “I agree” button clearly manifesting assent to the terms, courts have inconsistently applied the reasonable communicativeness standard to the detriment of consumers and application developers alike. This Comment will explore the development of browse-wrap contracting jurisprudence and the need to …
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
Seattle University Law Review
As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …
A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming
A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming
Seattle University Law Review
This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct online. Parents all over the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
A Law-Themed Charter High School Born At New York Law School Remains Indelibly Linked, Amy Wallace
A Law-Themed Charter High School Born At New York Law School Remains Indelibly Linked, Amy Wallace
Articles & Chapters
It was a confluence of unrelated events at New York Law School in the spring of 2009 that led to the founding of the Charter High School for Law and Social Justice (CHSLSJ) in the Bronx, New York. Dedicated law school faculty members were crucial to the school’s launch and the law school, its law students and faculty continue to nurture this unique and reciprocal relationship. Professor Richard Marsico was the unstoppable force behind the founding of the charter school and its close connection to New York Law School (NYLS). This article details the origins of CHSLSJ, the current relationship …
Classroom To Cyberspace: Preserving Street Law's Interactive And Student-Centered Focus During Distance Learning, Amy Wallace
Classroom To Cyberspace: Preserving Street Law's Interactive And Student-Centered Focus During Distance Learning, Amy Wallace
Articles & Chapters
The Street Law program at New York Law School (NYLS) is a faculty taught, credit-bearing course that trains law students to teach interactive lessons covering practical legal topics at The Charter High School for Law & Social Justice (CHSLSJ), in the Bronx, New York.
On March 3, 2020, NYLS moved online due to the rapid rise of COVID cases in New York City. Like many clinical and experiential programs, we weighed options that would provide both valuable experiences for our high school and law students while keeping everyone safe.
On Sunday March 15, 2020, the New York City public schools …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.