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Articles 1321 - 1350 of 7669
Full-Text Articles in Natural Resources Law
Could A More Limited Environmental Goods Agreement Resolve Continued Issues In Cities Compliance?, Andrew Coccoli
Could A More Limited Environmental Goods Agreement Resolve Continued Issues In Cities Compliance?, Andrew Coccoli
William & Mary Environmental Law and Policy Review
This Note will adopt an economic perspective while advocating for the most sustainable practices in natural resources management. It will first conduct a series of case studies of natural resources for which there is transnational or international demand, but unsustainable management. While CITES-listed resources will be considered with particular attention, unlisted and more conventional resources will also be considered. In its second part, this Note will consider mechanisms currently available in international trade to accommodate environmental progress, then will set forth various new measures the WTO could adopt to incentivize sustainable management of the Part I resources. Part III will …
The Environmental, Social, Governance (Esg) Debate Emerges From The Soil Of Climate Denial, Lawrence J. Trautman, Neal Newman
The Environmental, Social, Governance (Esg) Debate Emerges From The Soil Of Climate Denial, Lawrence J. Trautman, Neal Newman
Faculty Scholarship
It has been almost six decades since Rachel Carson’s ominous warning of pending environmental disaster. During 2019 the United Nations requested urgent action from world leaders, given that “just over a decade is all that remains to stop irreversible damage from climate change.” With every passing year, damage resulting from destructive climate change causes increased pain, suffering, death and massive property loss. During 2020 and 2021 alone, severe weather events have included: destructive fires in California; record breaking freeze, power outage, and threat to the electrical grid in Texas; continuation of disruptive drought in U.S. Western states; and record-breaking high …
Dislocating The Separation Of Powers State ‘Thumb’ On The Biden Sustainability Initiatives & Law, Steven Ferrey
Dislocating The Separation Of Powers State ‘Thumb’ On The Biden Sustainability Initiatives & Law, Steven Ferrey
Suffolk University Law School Faculty Works
President Biden enacted his unprecedented large Infrastructure law to make what President Biden calls a “once-in-a-generation investment” to modernize U.S. infrastructure by rapidly deploying sustainable renewable power generation technology. As the primary U.S. federal law to address climate change before the world exceeds a ‘tipping point’ of uncontrolled warming, this Infrastructure law must not be impaired or frustrated by any other government actions. However, inferior levels of local government now are interceding, placing their legal ‘thumbs’ on and legally blocking implementation of Biden Administration sustainable Infrastructure. This article analyzes the legal conflicts posed by hundreds of state and local governments …
Deregulasi Terhadap Paradoks Vaksin Covid-19 Sebagai Barang Publik Dan Vaksin Berbayar Dalam Peraturan Menteri Kesehatan Nomor 19 Tahun 2021, Fikri Ahsan
Jurnal Hukum & Pembangunan
The Coronavirus Virus Disease 2019 (COVID-19) vaccine coronavirus (COVID-19) on pandemics is public goods that make public use of all societies in general, but in the regulation of the minister of health number 19 of 2021 regarding the second amendment to the regulation of the minister of health number 10 of 2021 regarding the implementation of vaccinations in the wake of the corona virus virus 2019 (COVID-19) vaccine, Explains the cooperative vaccination that funding is imposed on individuals/individuals (paid). This goes against public goods and tends to become commercial private goods, so in this pandemic of covid-19 should not be …
Ultimum Remedium Terhadap Keterlibatan Notaris Dalam Perbuatan Melawan Hukum, Halwa Fairuzia, Rouli Anita Velentina
Ultimum Remedium Terhadap Keterlibatan Notaris Dalam Perbuatan Melawan Hukum, Halwa Fairuzia, Rouli Anita Velentina
Jurnal Hukum & Pembangunan
Ultimum Remedium is a principle that means criminal sanctions should be the last resort in solving a problem, where civil and administrative sanctions are prioritised. In this journal, the researcher will discuss how this principle relates to the authority held by the Notary Honorary Council in limiting actions against the law committed by notaries. This study uses normative juridical research, where the law serves as a foundation for examining legal regulations related to legal issues regarding unlawful acts committed by notaries.
Dewan Pertimbangan Presiden Dalam Struktur Ketatanegaraan Indonesia, Brilliant Bintang Prasetya, Ryan Muthiara Wasti
Dewan Pertimbangan Presiden Dalam Struktur Ketatanegaraan Indonesia, Brilliant Bintang Prasetya, Ryan Muthiara Wasti
Jurnal Hukum & Pembangunan
The existence of the Presidential Advisory Council is inseparable from the history of state administration with the political phenomenon of law. Various ideas of pros and cons questioned the position and authority of the country's advisory institutions. The institution which at the beginning of its formation was named the Supreme Advisory Council then turned into a Presidential Advisory Council under the executive rule after the amendment to the 1945 Constitution. The shift raises the peculiarities of the position of advisors not under the authority given by advice. Reflecting on the discourse, this paper reviews how the position and extent of …
Database Floklore Dalam Undang-Undang Tentang Hak Cipta Dan Undang-Undang Tentang Pemajuan Kebudayaan, Lora Sinta Sulistiorini
Database Floklore Dalam Undang-Undang Tentang Hak Cipta Dan Undang-Undang Tentang Pemajuan Kebudayaan, Lora Sinta Sulistiorini
Jurnal Hukum & Pembangunan
Law 28/2014 on Copyright and Law 5/2017 on Cultural Promotion have a major role in regulating and protecting floklore. This can be seen from the norms that regulate the mechanism for protecting floklore in Article 38 paragraph (2) of the Copyright Law, which states that the state is obliged to make an inventory, maintain, and maintain traditional cultural expressions.law a quo also regulates the procedures for recording as contained in Articles 66-72. Not only that, the Law for the Advancement of Culture also regulates the floklore database through Articles 16-26 of a quo. The two laws then raise the question, …
Mekanisme Hukum Adat Perdmaian (Mela Sare) Dalam Mewujudkan Rekonsiliasi Para Pihak Pasca Putusan Pengadilan Pada Masyarakat Lamaholot Di Adonara – Flores Timur, Handrianus David Ola Sili
Mekanisme Hukum Adat Perdmaian (Mela Sare) Dalam Mewujudkan Rekonsiliasi Para Pihak Pasca Putusan Pengadilan Pada Masyarakat Lamaholot Di Adonara – Flores Timur, Handrianus David Ola Sili
Jurnal Hukum & Pembangunan
The substance aspect that underlies this writing in the Adonara community, the implication of a court decision is the breakdown of relations / relations both personal and social between the parties to the dispute or "kenetun". In order for the implication of the court decision to help eliminate the "kenetun" customary bulkhead, an effort was made to reconcile the parties to the dispute. Interesting to study more deeply, the Lamaholot community has a customary law tradition that is packaged in the traditional ritual of peace mela sare. This research is sociological law (sociological legal research) or empirical legal research with …
Model Pencantuman Asas Hukum Dalam Pembentukan Hukum Perikatan Nasional, Djumikasih Djumikasih
Model Pencantuman Asas Hukum Dalam Pembentukan Hukum Perikatan Nasional, Djumikasih Djumikasih
Jurnal Hukum & Pembangunan
Indonesia is currently trying to draft a law of engagement. In the drafting process, there are differences of opinion as to whether the principles of binding law will be written explicitly or implicitly. Based on the results of the discussion, it can be concluded that, the nature of legal principles is a very important and fundamental thing, which comes from ethical values that exist in society, which is very useful because it is a direction guide, for the formation of legal norms and law enforcement itself. The function of legal principles is not only as a foundation, heart or bridge …
Pembaruan Pemahaman Bahasa Hukum Indonesia Dalam Penafsiran Konstitusi Untuk Jaminan Kepastian Hukum, Normand Edwin Elnizar
Pembaruan Pemahaman Bahasa Hukum Indonesia Dalam Penafsiran Konstitusi Untuk Jaminan Kepastian Hukum, Normand Edwin Elnizar
Jurnal Hukum & Pembangunan
This article attempts to explain legal language aspects need to be improved in implementing laws that uphold justice while at the same time provide legal certainty. The study is limited to the constitution as the highest law in the national legal system. The explanation of the linguistic aspect including foreign legal terminology in the constitutional interpretation and the constitutional interpretation as a discourse analysis. It was conducted by literature research to compare the paradigm of constitutional interpretation theory with linguistic aspects in linguistic theory. Decision Number 84/PUU-XVI/2018 used as example for this research. This qualitative research describes some linguistic aspects …
Redistribusi Tanah Bekas Hak Erfpacht Dalam Kaitannya Dengan Pilot Project Of Agrarian Reform Guna Mewujudkan Sustainable Development Di Desa Galengdowo, Kabupaten Jombang, Fadila Fernanda, Adhitya Widya Kartika
Redistribusi Tanah Bekas Hak Erfpacht Dalam Kaitannya Dengan Pilot Project Of Agrarian Reform Guna Mewujudkan Sustainable Development Di Desa Galengdowo, Kabupaten Jombang, Fadila Fernanda, Adhitya Widya Kartika
Jurnal Hukum & Pembangunan
The redistribution of land with erfpacht right in Galengdowo village is one of the agrarian reform programs in the form of distributing state land to cultivators by giving ownership right to the land they cultivate. These freehold land certificates can then be used as collateral to obtain business capital through Community Land Empowerment (CLE) which is aimed at becoming a pilot project for an agrarian reforma village producing coffee and dairy products by developing regional-level businesses to become national scale. This study uses an empirical legal research method that examines the implementation of law in society. The approach used is …
Menelisik Sikap Pemerintah Indonesia Dalam Menghadapi Kelangkaan Alat Pelindung Diri Ditengah Wabah Pandemi Coronavirus Disease (Ditinjau Dari Undang-Undang Nomor 36 Tahun 2009 Tentang Kesehatan), Marisca Gondokesumo, Nabbilah Amir
Menelisik Sikap Pemerintah Indonesia Dalam Menghadapi Kelangkaan Alat Pelindung Diri Ditengah Wabah Pandemi Coronavirus Disease (Ditinjau Dari Undang-Undang Nomor 36 Tahun 2009 Tentang Kesehatan), Marisca Gondokesumo, Nabbilah Amir
Jurnal Hukum & Pembangunan
World Health Organization (WHO) has established coronavirus disease 2019 (COVID-19) as Public Health Emergency of International Concern (PHEIC), WHO recommends all countries to anticipate COVID-19. One important element needed to deal with the virus is personal protective equipment that is used by medical personnel to carry out medical treatment for patients infected with COVID-19, but the item is scarcity in Indonesia. What is the attitude of the Indonesian government in responding to the scarcity of personal protective equipment. The research method used is empirical juridical. The results showed that the scarcity of the availability of personal protective equipment due to …
Analisis Politik Hukum Islam Berbasis Maqoshid Syari’Ah (Studi Terhadap Konsep Anak Sah Dalam Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan), Asmuni Asmuni, Agus Firman
Analisis Politik Hukum Islam Berbasis Maqoshid Syari’Ah (Studi Terhadap Konsep Anak Sah Dalam Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan), Asmuni Asmuni, Agus Firman
Jurnal Hukum & Pembangunan
This article aims to use maqashid sharia to analyze the conformity of the rules regarding legitimate children in Article 42 of the Marriage Law (UUP) with sharia principles. At the level of application of the law, it will also be seen whether the regulation is in accordance with the basic principles of maqashid. The results of this study indicate that the provisions of Article 42 UUP which equate the status of children born 'as a result of' and 'in' a legal marriage, are not in accordance with sharia principles. The Office of Religious Affairs (KUA) in determining marriage guardians for …
Pengaturan Pembatasan Penggunaan Data Nasabah Bank Untuk Mencegah Penggelapan Dana Nasabah Di Bank, Nathasya Nauli Nainggolan, Rouli Anita Velentina
Pengaturan Pembatasan Penggunaan Data Nasabah Bank Untuk Mencegah Penggelapan Dana Nasabah Di Bank, Nathasya Nauli Nainggolan, Rouli Anita Velentina
Jurnal Hukum & Pembangunan
As financial institutions, banks are required to have customer data protection mechanisms. This is for the sake of the banking busines’ continuity that is being undertaken. The sustainability of a bank's business is largely determined by the trust of the customers to save funds and use bank services. The customer data protection mechanism is one of a risk management form that is primarily aimed at protecting customer personal data, which is useful for preventing the risk of misuse of bank customer data by irresponsible persons. This study aims to discuss the provisions regarding the protection of customer data by banks …
Bentuk Penanaman Modal Asing Bangkok Bank Di Indonesia Berdasarkan Hukum Penanaman Modal, Desi Ariani Sinulingga
Bentuk Penanaman Modal Asing Bangkok Bank Di Indonesia Berdasarkan Hukum Penanaman Modal, Desi Ariani Sinulingga
Jurnal Hukum & Pembangunan
Investment is part of the implementation of the country's economy which aims to increase national economic growth, create jobs, and encourage national economic development so that a prosperous, equal, and prosperous society can be realized. Investment regulation in Indonesia has been started since the issuance of Act Number 1 of 1967 concerning Foreign Investment and Act Number 6 of 1968 concerning Domestic Investment. Both regulations have been revoked by Act Number 25 of 2007 concerning Investment, and part of the provisions have been amended by the Omnibus Act Number 11 of 2020 concerning Job Creation. Foreign investment in Indonesia can …
Keping Puzzle Yang Hilang: Menelaah Hak Yang Sirna Terhadap Narapidana, Muhammad Abdul Azis, Riski Ananda Kusuma Putri, Nur Rahman
Keping Puzzle Yang Hilang: Menelaah Hak Yang Sirna Terhadap Narapidana, Muhammad Abdul Azis, Riski Ananda Kusuma Putri, Nur Rahman
Jurnal Hukum & Pembangunan
Prisons have a reputation for being cages of deprivation of freedom and atonement for wrongdoing. Prisoners lose their independence because prisons restrict their movement, including their sexual needs, which is like the "missing piece of the puzzle." The discussion in this article tries to explore the missing piece of prisoners' rights, examine, and analyze the impact of the Conjugal Visit program for prisoners in Indonesia, to bring new light to the realization of human rights in the prison system aimed at legal protection and fulfillment of human rights. This article uses normative legal methods. Systematic legal comparison is used to …
Tanggung Jawab Hukum Inventor Atas Invensi Kecerdasan Buatan (Artificial Intelligence) Di Indonesia, Deslaely Putranti, Kurnia Dewi Anggraeny
Tanggung Jawab Hukum Inventor Atas Invensi Kecerdasan Buatan (Artificial Intelligence) Di Indonesia, Deslaely Putranti, Kurnia Dewi Anggraeny
Jurnal Hukum & Pembangunan
The pace of technological development can no longer be restrained until the emergence of artificial intelligence (AI) which later, turns out to have a negative impact on its application. AI is a computer system program created by humans. However, the invention of AI in one hand makes human work easier, it is also noticeable that there are several criminal cases "performed" by AI. This research is qualitative research with doctrinal research. The data used include secondary data consisting of primary, secondary and tertiary legal materials. The method of data collection is done through document study. This research concludes that the …
Everything Is Not What It Seems, And What It Is, Is Broken: Re-Defining Production In The Oil And Gas Lease Habendum Clause, Fisher Lynn Fulton
Everything Is Not What It Seems, And What It Is, Is Broken: Re-Defining Production In The Oil And Gas Lease Habendum Clause, Fisher Lynn Fulton
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Millionaires And The Ability To Receive Overtime Compensation, Matt Peace
Millionaires And The Ability To Receive Overtime Compensation, Matt Peace
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tort Theory, Litigation & Avenues For Relief: Hydraulic Fracturing In Oklahoma, Madeleine Lange
Tort Theory, Litigation & Avenues For Relief: Hydraulic Fracturing In Oklahoma, Madeleine Lange
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Sovereign Immunity, Entrenched Power, And Isolationism: How To Hold Ercot Accountable To Texas Residents In The Aftermath Of The February 2021 Winter Storm, Meghan A. Brobst
Sovereign Immunity, Entrenched Power, And Isolationism: How To Hold Ercot Accountable To Texas Residents In The Aftermath Of The February 2021 Winter Storm, Meghan A. Brobst
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Climate Torts Belong In A Number Of Hands: Loosening The Federal Grip Of Preemption, Administrative Control, And Dilatory Procedure, Hank Herren
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Companies Can Condemn Whose Property? A Discussion Of Penneast Pipeline Co., Llc V. New Jersey, Emma Farha
Companies Can Condemn Whose Property? A Discussion Of Penneast Pipeline Co., Llc V. New Jersey, Emma Farha
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
To Kill A Mockingbird: A Look Into The Migratory Bird Treaty Act And Its Application To Unintentional Takings, Ben Davis
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Burdened, But Not Burdened Enough: A Long-Term Solution To The Difficulties Posed By Religious Objections To Resource Development, Nathan Downey
Burdened, But Not Burdened Enough: A Long-Term Solution To The Difficulties Posed By Religious Objections To Resource Development, Nathan Downey
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Recent Developments In Oil And Gas Habendum Clause And Savings Clause Interpretation, Emily Richard
Recent Developments In Oil And Gas Habendum Clause And Savings Clause Interpretation, Emily Richard
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pigford V. Glickman And The Remnants Of Racism, Alyssa Sloan
Pigford V. Glickman And The Remnants Of Racism, Alyssa Sloan
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Refining Terms For Small Refineries: The Extension Of Hardship Through Statutory Interpretation, Kylen Chase Huffman
Refining Terms For Small Refineries: The Extension Of Hardship Through Statutory Interpretation, Kylen Chase Huffman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Hank Herren
Editor's Introduction & Front Pages, Hank Herren
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart
Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart
Environmental and Earth Law Journal (EELJ)
As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …