Pro Kontra Terhadap Prosedur Dan Substansiomnibus Law Rancangan Undang-Undang Cipta Kerja,
2021
DosenFakultas Hukum,Universitas Semarang
Pro Kontra Terhadap Prosedur Dan Substansiomnibus Law Rancangan Undang-Undang Cipta Kerja, Bambang Sadono, Lintang Ratri Rahmiaji
Jurnal Hukum & Pembangunan
There are at least two main issues concerning the pros and cons of this omnibus law. First is the posedural issue in the process of making laws. Omnibus law should not be solely to support economic growth and facilitate investment. At thesame time other issues must be considered, for example human rights. So that the omnibus law is not merely a technical problem of legal drafting, but is also part of the implementation of the countrys legal politics. This study uses a literature reviewanalysis method. The results of the deepening of the literatureexplain that the reasons for urgent needs, and …
Politik Hukum Pemberian Grasi, Amnesti Dan Abolisi Sebagai Konsekuensi Logis Hak Prerogatif,
2021
Konsultan Hukum
Politik Hukum Pemberian Grasi, Amnesti Dan Abolisi Sebagai Konsekuensi Logis Hak Prerogatif, Suyogi Imam Fauzi
Jurnal Hukum & Pembangunan
The granting of clemency, amnesty and abolition is a prerogative rights owned by the president based on Article 14 of the 1945 Constitution of the of Indonesia (UUD 1945). The long proses of implementing thegranting of clemency, amnesty and abolition after independence to the post-amendment of the UUD 1945 produce a lesson forIndonesia regarding the law shall be correspond in treating prisoners rights properly in accordance with Human Rights. There is a differences regarding the way of granting clemency which is more dynamically developing beside amnesty and abolition is still at a sustain of stagnation even after the amendment UUD …
Politik Hukum Rancangan Undang-Undang Cipta Kerja Disektor Lingkungan Hidup Dan Kehutanan (Suatu Telaah Kritis),
2021
Dosen TetapHukum Lingkungan Fakultas Hukum Universitas Sahid Jakarta
Politik Hukum Rancangan Undang-Undang Cipta Kerja Disektor Lingkungan Hidup Dan Kehutanan (Suatu Telaah Kritis), Wahyu Nugroho, Erwin Syahruddin
Jurnal Hukum & Pembangunan
Draft Law on Cipta Kerja using the omnibus law method in the environment and forestry sector needs to be tested in the current constitutionalism of the environment. In this article, the author will focus on environmental and forestry issues in the content of the Draft Law on CiptaKerja with the formulation of the problem, how is the critical review of the material contained in the Draft Law on Cipta Kerja inthe environment and forestry sector? and what are the implications of the material content regulated in the DraftLaw on Cipta Kerja in the environment and forestry sector?The results of his …
Urgensi Prinsip Non-Diskriminasi Dalam Regulasi Untuk Pengarus-Utamaan Kesetaraan Gender,
2021
Mahasiswa Program Doktor Ilmu Hukum Universitas Jember
Urgensi Prinsip Non-Diskriminasi Dalam Regulasi Untuk Pengarus-Utamaan Kesetaraan Gender, Anisatul Hamidah
Jurnal Hukum & Pembangunan
Discrimination against women seems to have become part of the human history and development because it has happened since years ago until now.Therefore,the issue of discrimination against women is still interesting and becomes an important topic to discuss both at the global level and in Indonesia. Efforts to minimize the existence of discrimination against women have actually been carried outby establishing global consensus listed in various legal instruments such as the Universal Declaration of Human Rights (UDHR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). These instruments explicitly state the obligation of countries to …
Pandemi Covid-19: Force Majeure Dan Hardship Pada Perjanjian Kerja,
2021
Dosen Fakultas Hukum Universitas Atma Jaya Yogyakarta
Pandemi Covid-19: Force Majeure Dan Hardship Pada Perjanjian Kerja, Nindry Sulistya Widiastiani
Jurnal Hukum & Pembangunan
In the civil law system, there are force majeure and hardship concepts which is related with situation when debtors unable to fulfill their contract obligations. Covid-19 pandemic in Indonesia causes employers’ difficulties in order to fulfill their work agreement obligations, such as payingtheir workers wages and Religious Holiday Allowances. In the context of fulfilling work agreement obligations, force majeure dan hardship concepts could not be found in the Indonesia’s Manpower Law. This conceptual article aims to analyse the chance of using force majeure and hardship concepts in the implementation of work agreement during covid-19 pandemic. The analysis uses conceptual approach …
Fungsi Akta Notaris Dalam Lisensi Hki: Perspektif Fidusia,
2021
Dosen Fakultas Hukum Universitas Surakarta
Fungsi Akta Notaris Dalam Lisensi Hki: Perspektif Fidusia, Dian Cahayani, Merlin Swantamalo Magna
Jurnal Hukum & Pembangunan
This study aims to analyse the function of a notarial deed in an Intellectual Property Rights (IPR) license based on a fiduciary perspective. This type of research is normative legal research by examining secondary data sourced from the principles and theories and laws and regulations. The method of data collection is done by studying literaturesuch as regulations, books, documents or other writings to support this research. The collected data is thenanalyzed qualitatively using data analysis methods. Based on the results of the study it can be concluded that the notary has the authority in making the deed of fiduciary guarantee …
Analisis Yuridis Kedudukan Narapidana Sebagai Justice Collaborator,
2021
Dosen FakultasHukum Universitas Brawijaya
Analisis Yuridis Kedudukan Narapidana Sebagai Justice Collaborator, Bambang Sugiri, Nurini Aprilianda, Hanif Hartadi
Jurnal Hukum & Pembangunan
This article aims to examine the inmates position as a justice collaborator in the disclosure of organized crime that can assist law enforcement officers. This is againstthe backdrop of crown witnesses who are often used in proving criminal cases but are judged to be in violation of human rights. The difficulty of disclosure of organized crime is that the perpetrators involved in organized crime are bound by the oath of silence (omerta). Information from inmates related to crime networks he has committed, facilitates the disclosure of organized crime by law enforcement officers. This paper is based on the results of …
Penerapan Pertanggungjawaban Pidana Korporasi Dalam Berbagai Putusan Pengadilan,
2021
Dosen Fakultas Hukum Universitas GadjahMada
Penerapan Pertanggungjawaban Pidana Korporasi Dalam Berbagai Putusan Pengadilan, Muhammad Fatahillah Akbar
Jurnal Hukum & Pembangunan
By the development of criminal law in Indonesia, the corporate criminal responsibility has been introduced in many Acts. In the practices, there are criminal court decisions which sentenced corporations. This article aims to comprehensively examine how corporate criminal responsibility is implemented in various court decisions. It is found that aggregation theory, which corporate criminal responsibility is based on the actions of some people in the corporation scope, has been applied in most cases. Howeverm the weakness of the aggregation theory, in environment crimes, only corporation which was responsible and most organizers were not. On the other hand, in the corruption …
Status Hukum Penjelasan Undang-Undang Berdasarkan Sistem Peraturan Perundang-Undangan Indonesia,
2021
Mahasiswa Fakultas Hukum Universitas Padjadjaran
Status Hukum Penjelasan Undang-Undang Berdasarkan Sistem Peraturan Perundang-Undangan Indonesia, Ilham Fajar Septian, Ali Abdurahman
Jurnal Hukum & Pembangunan
The law explanationis interpretation of norms contained in the body of the law. However, its existence as part of the law promulgatesthe unclear status of the lawexplanation as a mere interpretation or also as a binding legal norm. This has been further emphasized by the Constitutional Court Decision whichchanges its stance in judicial review to the law explanation. Therefore, issues regarding the legal status of the law explanationand the extent to which the Constitutional Court can judicial review tothe law explanationneed to be resolved. This research is a normative juridical research through literature study with historical, statutory, case, conceptual, and …
Perilaku Ramah Air Dalam Perspektif Hukum(Studi Peraturan Daerah Dki Jakarta Dan Kota Depok Terkait Sumber Daya Air),
2021
Dosen TetapFakultas Hukum Universitas Indonesia
Perilaku Ramah Air Dalam Perspektif Hukum(Studi Peraturan Daerah Dki Jakarta Dan Kota Depok Terkait Sumber Daya Air), R. Ismala Dewi, Aad Rusyad Nurdin
Jurnal Hukum & Pembangunan
Various water resource problems that occur in Indonesia, including in DKI Jakarta and surrounding cities, such as flooding, drought, raw water crisis, river water pollution, have an impact on decreasing water availability. This is partly due to the unfriendly behavior of the community in using water, especially those in water catchment areas. Therefore, it is necessary to manage waterto maintain the sustainability of water availability so as to provide fair benefits to the community. Given these objectives and the existence of complex water problems, it requires adequate regulation. A rule that is not only to overcome the act of destroying …
Pendekatan Keadilan Integratif Dalam Membangun Institusi Publik Yang Legitim,
2021
Dosen Universitas Prasetiya Mulya, Program Studi International Business Law
Pendekatan Keadilan Integratif Dalam Membangun Institusi Publik Yang Legitim, Tri Harnowo, Alavi Ali
Jurnal Hukum & Pembangunan
Public institutions have a very important role in providing public services in order to fulfill basic needs and the rights of every citizen, therefore the formation and operation must have public legitimacy. This paper discusses conceptual ideas in establishing legitimate public institutions based on the integrative justice principle, by taking Rawlss proscedural justice, Habermass communication theory and Lind’s perceptive justice as theoritical framework. The results of this study provide a concept of legitimate public institutions where in its formation and operatioan must fulfill the principles of participatory, constitutionality, universality, accessibility, efficiency, partiality, dialectic, deliberative, care, respect and explanatory.
Freedom Without Opportunity: Using Medicare Policy And Cms Mechanisms To Anticipate The Platform Economy’S Pitfalls And Ensure Healthcare Platform Workers Are Fairly Paid,
2021
Brooklyn Law School
Freedom Without Opportunity: Using Medicare Policy And Cms Mechanisms To Anticipate The Platform Economy’S Pitfalls And Ensure Healthcare Platform Workers Are Fairly Paid, Kim A. Aquino
Brooklyn Law Review
The rapidly aging population, along with the demand for innovative Medicare delivery models such as bundled payment programs have incentivized the use of technology in healthcare because of its potential to cut costs and improve quality of care. Like many industries embracing technological strides to automate and digitize services, the healthcare industry has welcomed new labor markets like the platform economy to facilitate connections between patients and workers with ease. Along with streamlining connections, the platform economy also promises workers flexibility and autonomy over their own schedule. The platform economy’s promise of freedom, however, is not enough to prevent the …
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care,
2021
Brooklyn Law School
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Brooklyn Law Review
Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …
The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”,
2021
Brooklyn Law School
The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”, Zoe A. Bernstein
Brooklyn Law Review
In recent years, concern over the environmental, animal welfare, and human costs of animal agriculture has spurred an increased demand for nonanimal sourced protein. This has led to significant innovation in food technology. As part of this trend, food scientists have developed a process for in-vitro cultivation of meat cells to produce protein that is biologically and nutritionally identical to meat from traditionally raised and slaughtered animal sources, but that involves neither animal agriculture nor animal slaughter. This lab-grown “clean meat” represents a new era in food technology and is already having an effect on the existing meat industry. In …
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation,
2021
Brooklyn Law School
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
Brooklyn Law Review
The Americans with Disabilities Act (ADA) was enacted in 1990 to afford equal opportunities for individuals with disabilities. Title III of the ADA, specifically, was enacted to afford disabled individuals equal access to places of public accommodation. When the ADA was enacted, the internet was still in its infancy and Congress did not contemplate the need for governing accessibility to websites of public accommodations. Today, the internet has become embedded in virtually every aspect of our lives, yet there are still millions of disabled individuals who are unable to equally access the websites of American businesses. With the ADA being …
Pepperdine Caruso School Of Law Legal Summaries,
2021
Pepperdine University
Pepperdine Caruso School Of Law Legal Summaries, Jessica Linton
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Masthead & Table Of Contents,
2021
Pepperdine University
Masthead & Table Of Contents, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program,
2021
Pepperdine University
A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
The mounting demand for inmate firefighters in response to increased disaster relief has made such individuals an indispensable resource to the State of California. As a result, state agencies in charge of administering inmate firefighters’ services must give renewed attention to expanding efforts to protect the inmates’ livelihood both before and after a participating inmate’s release. This Comment provides an overview of California inmates undertaking prison labor as volunteer firefighters under the Conservation Camp Program. The Comment further critiques the nonreciprocal approach taken towards inmate firefighting resources, while advocating for a more intentional rehabilitationist approach that implores the California Department …
Due Process And Administrative Hearings In The Time Of Covid-19: Help, I Need Somebody!,
2021
Pepperdine University
Due Process And Administrative Hearings In The Time Of Covid-19: Help, I Need Somebody!, Leslie Birnbaum
Journal of the National Association of Administrative Law Judiciary
The COVID-19 pandemic has caused the reinvention of the administrative hearing process in a virtual or hybrid setting. Since March 2020, administrative forums have experienced continuances, backlogs, and the digital divide. The purpose of this paper is to examine the effects of COVID-19 on procedural due process and administrative hearings, and to address some of the problems and unanswered questions about the new normal. Part I presents background information about the virus and a brief history of pandemics. Part II examines past and present case law, and the NAALJ and National Conference of Administrative Law Judges' national survey. Part III …
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?,
2021
Pepperdine University
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, an analysis of decisions issued by the Compensation Review Board from 2005 – 2019 reveals the Presumption frequently is misapplied. Moreover, contrary to Marc …
