Administrative Law Commons^™

Menilik Peran Dewan Perwakilan Daerah Dalam Pembangunan Daerah Provinsi Jawa Barat Dan Daerah Khusus Ibukota Jakarta, Muhammad Dzulfikar Fikri

Jurnal Konstitusi & Demokrasi

The Regional Representative Council (DPD) as a regional representative institution that has a character of representation based on regions is essentially a character of broader representation of the DPR, because the dimension of representation is based on all the people contained in these regions. DPD as a new state institution after the amendment to the 1945 Constitution was initially expected to realize a bicameral system, as a representative body of the people, the DPD has functions as regulated in the 194 5 Constitution. These functions are legislative functions, functions budget, and consideration functions. However, according to the Indonesian constitutional system …

Kedudukan Dan Urgensi Tempuh Upaya Administratif Dalam Pemeriksaan Dismissal Process Oleh Ketua Pengadilan, Rizky Ramadhan Baried

Jurnal Hukum & Pembangunan

This article analyzes administrative effort (AE) in the relation of Article 62 Law 5/1986 with Article 75 Law 30/2014 and Article 2 SCR 6/ 2018. The legal questions are: 1) How was the position and urgency taken by AE in the dismissal process examination by the chairman? 2) What is the ideal formula for examining the formal requirements of the administrative lawsuit before being examined by the panel of judges? This article aims to provide a practical explanation of these norms. It is a normative juridical type with a statute and a conceptual approach. The results are: 1) AE is …

Kekuasaan Peradilan Militer Mengadili Warga Sipil Dalam Tinjauan Hukum Tata Negara Darurat, Denis Kurniawan

Jurnal Hukum & Pembangunan

Abstract

Military Courts in general are courts devoted to dealing with cases of military soldiers, both concerning criminal matters, military administration, and claims for compensation as a result of criminal offenses. The special nature of military justice is due to the fact that military soldiers have different traditions from civil society regarding the existence of military discipline in their activities, and there are acts that are only known within the military environment, but are not generally applicable. However, a military court in an emergency situation that threatens to be projected as the last court, if the existing judiciary is to …

Dilema Pendewasaan Hukum Bagi Pemilih Pemula Di Indonesia, Sarip Sarip

Jurnal Hukum & Pembangunan

Penelitian didasarkan usia pendewasaan antara hukum dan praktik pengawalan demokrasi Indonesia. Pendewasaan hukum jadi patokan melakukan perbuatan hukum, secara khusus berlaku bagi subjek hukum sesuai ketentuan hukum positif. Lex specialis, merupakan upaya khusus memberi kepastian dan keadilan selama memenuhi lex specialis. Bila tidak terpenuhi sifat khusus, legi generali menjadi rujukan atas produk hukum sejajar. Pendekatan perundang-undangan sebagai pilihan penelitian dengan bertumpu pada asas lex specialis derogat legi generali atas pendewasaan hukum pemilih pemula. Temuan dalam penegakan pendewasaan hukum terkesan memanfaatan pemilih pemula sebatas eksistensi kekuasaan. Ketidakonsistenan terlihat pada larangan keterlibatan pelajar SMA atau sederajat dalam setiap demonstrasi, termasuk …

Perlindungan Hukum Terhadap Pejuang Lingkungan Hidup Dalam Mewujudkan Lingkungan Hidup Yang Baik Dan Sehat, Dinarjati Eka Puspitasari

Jurnal Hukum & Pembangunan

The right of environmental defenders not to be sued civilly or prosecuted criminally is part of human rights regulated in Article 66 of Law 32/2009 (UUPPLH), known as Anti Strategic Lawsuit Against Public Participation (Anti-SLAPP). But in practice, the law is used as a tool to curb public participation. In this case, environmental organizations have an important role to play in assisting communities in fighting for their environmental rights, ranging from non-judicial mechanisms to becoming amicus curiae in court. This research examines literature sources with a library research method through a statutory approach, case approach, and conceptual approach. The result …

Analisis Perlindungan Konsumen Dalam Kaitannya Dengan Globalisasi Pasar Dunia, Handayani Primandiri

Jurnal Hukum & Pembangunan

Globalization of the world market has created vast business opportunities and increased consumer access to international products and services, but it has also brought new complexities to consumer protection. This research analyses the relationship between consumer protection and world market globalization by examining its positive and negative impacts. On the one hand, globalization expands product choice and increases competition, which can benefit consumers. However, on the other hand, it also poses risks such as an increase in illegal trade, counterfeit products, and inequality in access to consumer information. The study also identifies the role of international and national institutions in …

Tipologi Penggunaan Hukum Tata Negara Darurat: Sebuat Studi Literatur, Qurrata Ayuni

Jurnal Hukum & Pembangunan

This paper discusses a number of categorizations of countries in dealing with emergencies. The development of studies on this typology is classified after a comparison of the approaches of countries analyzed by a number of experts. There are at least nine models used in this paper, namely; Roman Dictatorship Model, Neo Roman Model, Constitutional Emergency Powers, Statutory Authorization, Extra-Legal Action, The Executive Dictatorship, The Legislative Dictatorship, and The War Government. Some of these types have similarities and intersections in their use. Understanding the birth of this typology will enrich alternatives in dealing with emergencies more effectively and proportionally.

Urgensi Pembentukan Laporan Khusus Sebagai Solusi Alat Bukti Surat Dalam Penanganan Kasus Tppu Di Indonesia: Pintu Optimalisasi Hubungan Ppatk-Penyidik, Amanda Geraldine, Altuti Altuti, Muhamad Rayhan Firmansyah

Jurnal Hukum & Pembangunan

The Financial Transaction Reports and Analysis Centre or Financial intelligence unit (FIU) is an independent institution that has helped to eradicate and prevent money laundering crimes based on reports used as evidence or evidence in investigations. PPATK analysis report is made based on the report of the income and expenditure of unusual financial accounts by referring to the profile and identity of the owner. Financial Transactions requested by PPATK to be reported by the reporting party because it involves assets suspected of originating from the proceeds of a criminal offence. FATF has issued 40 specific recommendations (forty recommendations) and the …

Urgensi Integrasi Pengaturan Mekanisme Keadilan Restoratif Dalam Sistem Peradilan Pidana Di Indonesia, Nabila Aulia Rahma, Pascal Toloh

Jurnal Hukum & Pembangunan

Conventional criminal law has always been synonymous with prison, where the settlement can result in the exclusion of the right to a sense of justice for victims because of their disproportionate position. This situation encourages the emergence of the concept of restorative justice, where based on this concept, criminal cases are resolved by involving perpetrators, communities and victims. However, at the regulatory level, the concept of restorative justice is set differently in various rules, which have not been synchronized, such as the internal rules of the Indonesian Police, the Attorney General's Office and the Supreme Court. Inconsistencies in these norms …

Mutually Intelligible Principles?, Andrew J. Ziaja

Pace Law Review

Are the nondelegation, major questions, and political question doctrines mutually intelligible? This article asks whether there is more than superficial resemblance between the nondelegation, major questions, and political question concepts in Wayman v. Southard, 23 U.S. (10 Wheat.) 1 (1825), an early nondelegation case that has become focal in recent nondelegation and major questions scholarship and jurisprudence. I argue that the nondelegation and political question doctrines do interact conceptually in Wayman, though not as current proponents of the nondelegation doctrine on the Supreme Court seem to understand it. The major questions doctrine by contrast conscripts the nondelegation …

The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

The Clean Water Act has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This Article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This array …

Appeal No. 1006 (2nd): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2021-192 (Elkrun Wertz NE Unit; Hilcorp Energy Co.)

Penerapan Doktrin Piercing The Corporate Veil Terhadap Negara Pada Holding Badan Usaha Milik Negara, Deny Adi Pratama

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The lack of regulation regarding group company's conception in Indonesia provokes several problems. The policy on establishing holding BUMN in Indonesia only supervised by Government Regulation Number 72 Year 2016 concerning Change of Government Regulation Number 44 Year 2005 regarding Procedure of Participation and Administration Funds upon State-Owned Enterprises and Limited Liability Company. However, the provision which becomes the legal basis underlying BUMN and Limited Liability Company are supervised upon regulation equals to act. Those of which cause a contradiction amongst both provisions of laws and regulation. The rights and obligations along with the country's responsibilities as a public legal …

Pembentukan Holding Company Badan Usaha Milik Negara (Bumn) Di Sektor Infrastruktur Ditinjau Dalam Persaingan Usaha Tidak Sehat, Wiesma Mara Rangga

"Dharmasisya” Jurnal Program Magister Hukum FHUI

That a large number of state-owned enterprises (SOEs) in infrastructure has caused competition, especially when competing against one another in participating in the same tender. This is not in line with the synergy plan between SOEs, which is one of the essential pillars. SOEs belonging to similar value chain groups should work together to accelerate economic growth and synergies at various levels through corporate, transaction, and operational restructuring. Optimizing the formation of infrastructure holding can be done through collaboration and synergy between SOE entities, strengthening and increasing the capacity of each holding member, and integrating infrastructure development. However, the plan …

Masuknya Tenaga Pendidik Asing Di Bidang Teknologi Informasi Dalam Rangka Liberalisasi Pendidikan Tinggi Dalam Menjawab Permasalahan Kebutuhan Atas Sumber Daya Manusia Yang Berkualitas Di Era Industri 4.0, Rodeen Chenggaliex

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Education liberalization has become a hot topic of discussion in Indonesia lately, starting with bringing in foreign higher education leaders to Indonesian universities; in the Industrial 4.0 era, Indonesia still lacks qualified information technology experts to support industry 4.0. Educational sciences in Indonesia are now considered to be still unable to compete with educational sciences abroad. The liberalization of education will undoubtedly have a positive impact on the development of academic science in the development of the Indonesian nation. The problem is this paper focuses on the issue of the low quality of education in the field of information technology …

Perbandingan Sistem Hukum Civil Law Dan Common Law Dalam Penerapan Yurisprudensi Ditinjau Dari Politik Hukum, Praise Juinta W.S. Siregar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The legal system is related to the concept of law, where the two things have an inseparable relationship with each other. In principle, the legal system regulates the life of a community so that conflicts do not occur, where if the conflict is unavoidable, then the legal system has an important role in resolving the conflict. The legal system in the judiciary has a major influence in the application of the law, especially for judges in examining and deciding a case. The Panel of Judges in deciding a case will definitely pay close attention to the legal system in its …

Kebijakan Countercyclical Sebagai Upaya Kesejahteraan Masyarakat, Made Cinthya Puspita Shara

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia's high level of economic growth is in line with the development of businesses that increase capital by making credit agreements with financial institutions. However, the state spread of the co-19 pandemic case has been declared a national disaster, impacting the implementation of credit agreements between the debtor and financial institutions. Economic problems make it difficult for people to carry out their obligations. A countercyclical buffer policy is a buffer that is carried out by providing additional capital to replace losses if excessive credit growth occurs, which has the potential to disrupt financial stability. Bank Indonesia Policy PBI No.17/22/PBI/2015, also …

Pengelolaan Royalti Dari Pencipta Lagu Yang Tidak Terdaftar Di Lembaga Manajemen Kolektif Oleh Lembaga Manajemen Kolektif Nasional, Mohamad Thaufiq Rachman

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Royalty is a reward received by the author or owner of the related right concerning the utilization of their Economic Rights following Article 1 point 21 of Law No. 28, 2014 regarding Copyright ("UUHC 2014"). Royalty could also be interpreted as a form of appreciation for the Author's Works, such as song and/or music. Encouraging the spirit of industry players, including songwriters, is essential for continuous growth. As mentioned in the general explanation section of UUHC 2014, Copyright is the most important basis of the national creative economy. With the fulfillment of the protection and development of this creative economy, …

Pengakhiran Kontrak Sebelum Terjadi Wanprestasi Oleh Pihak Yang Mengantisipasi Kegagalan Pelaksanaan Kewajiban, M. Hillman Mehaga S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Termination of an agreement/contract in a situation where a party has known that he/she/it will not be able to perform its obligation(s) based on the agreement/contract to avoid the occurrence of the larger losses if the agreement/contract is still ongoing. Under Indonesian civil law, a defaulting party or a party who has anticipated that he/she/it will fail to meet obligation(s) does not have the right to file a claim to terminate an agreement/contract. This means that, this party can only be passive until the default actually happens and wait until the non-defaulting party to file the claim with the claim …

Peranan Perusahaan Penjaminan Dalam Mengatasi Permasalahan Umkm Mengakses Kredit Di Sektor Perbankan (Setelah Berlakunya Undang-Undang Nomor 1 Tahun 2016 Tentang Penjaminan), Luh Putu Prema Shanti Putri Saraswati

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Micro, Small and Medium Enterprises (MSME’s) have an important role in the development of the Indonesian economy. So far, MSME’s are still faced with various kinds of obstacles, one of which is that MSMEs still face problems related to limited access to funding to financial institutions. Limited access to funding to financial institutions is partly due to the limited assets owned by MSME’s to be used as collateral for bank loans. Guarantee is the activity of providing guarantees by the Guarantor for the fulfillment of Guaranteed financial obligations to the Recipient of the Guarantee. Guarantee Company is a legal entity …