Religion Law Commons^™

When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.

Christians And/As Liberals?, Steven D. Smith

Notre Dame Law Review

Christianity and liberalism were made to fit each other, like hand and glove. According to some interpretations, anyway. Liberal constitutionalism, with its commitments to freedom and equal human dignity, is the political system that reflects and embodies Christian commitments; and the constitutional legal order that accompanies liberalism, centrally including legally enforced rights of religious freedom, is the mode of government that best permits Christians to live in accordance with their faith in a fallen and deviant world. Thus, a couple of decades ago, Robert Kraynak reported that “[a]lmost all churches and theologians now believe that the form of government most …

"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan S. Chapman

Notre Dame Law Review

This Essay first attempts to understand how a contested Christian doctrine found its way into constitutional law. It does so through a reverse genealogy of ideas—an archaeology, perhaps. The Essay begins by sketching how U.S. constitutionalism, in both theory and doctrine, reflects the belief that the “arc of the moral universe is long, but it bends toward justice.” It then suggests that underlying this constitutional theme is a merger of two features of American civil religion: the tradition of treating the Declaration of Independence and the Constitution as the central texts of a sacred canon and the belief that America …

Catholic Liberalism And The Liberal Tradition, Kathleen A. Brady

Notre Dame Law Review

Criticisms of liberalism are nothing new. All political traditions have their detractors, and as in the past, today’s critics of liberalism include those on the left and right as well as religious believers and those without religious affiliations. However, in very recent years, far-reaching and deepening critiques have been emerging from an unlikely source. Throughout American history, the nation’s religious communities have been among the strongest defenders of religious freedom as well as other fundamental liberal values such as limited government, democratic institutions, civic equality, and other civil freedoms. Conservative Christians have been no exception. With other Americans, they have …

Religious Ministers And The Scope Of Their Rights To Non-Discrimination In Employment, R. George Wright

Washington and Lee Journal of Civil Rights and Social Justice

The First Amendment is currently thought to bar ministerial employees from any recourse against their religious employer under a wide variety of non-discrimination statutes and other forms of legal protection. The typical critique of this state of affairs seeks to narrow the class of persons who count as ministerial employees. This paper focuses instead on an important, and peculiar, aspect of the ministerial exception doctrine. At present, the law generally prohibits any recovery by ministerial employees for employment discrimination by their religious employer even where the employer’s reasons for the discrimination have nothing to do with any religious doctrine, belief, …

Analysis Of Carson V. Makin, Wilson Huhn

Law Faculty Publications

Many school districts in the State of Maine lack high schools, so the children in those districts must attend another school selected by their parents. In 1873 the State of Maine enacted a tuition assistance program that offers a stipend to participating schools to partially defray the cost of educating children from districts that lack a high school. In 1981 the State of Maine enacted a law that categorically excludes sectarian schools’ from participating in the tuition assistance program.

Three sets of parents sued the Commissioner of the Maine Department of Education, asserting that the exclusion of sectarian schools, from …

A "Mere Shadow" Of A Conflict: Obscuring The Establishment Clause In Kennedy V. Bremerton, Ann L. Schiavone

Law Faculty Publications

In Kennedy v. Bremerton School District, the Roberts Court continued its move to carve out larger spaces for religious practice and expression in public spheres. But in so doing it left lower courts and school districts with many more questions than answers concerning what the Establishment Clause means and what it requires of them.

Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn

Law Faculty Publications

On September 30, 2022, several members of the faculty of the Thomas R. Kline School of Law of Duquesne University presented a Continuing Legal Education program, New Supreme Court Cases: Duquesne Law Faculty Explains, reviewing these developments. Duquesne Law Review graciously invited the faculty panel to contribute their analysis of these cases from the Supreme Court's 2021- 2022 term for inclusion in this symposium issue of the Law Review.

The Limits Of Church Autonomy, Lael Weinberger

Notre Dame Law Review

American courts apply “church autonomy doctrine” to protect the self-governance of religious institutions, based on both of the First Amendment’s religion clauses. Church autonomy’s defenders have sometimes described the doctrine as establishing distinct spheres of sovereignty for church and state. But critics have argued that church autonomy puts religious institutions above the law. They contend that church autonomy doctrine lacks limiting principles and worry that the “sphere sovereignty” theory of church and state leaves no room for accountability for wrongdoing in religious institutions. The courts, for their part, have recognized that church autonomy must have limits but have struggled to …

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 …