Administrative Law Commons^™

Analisis Terhadap Peranan Badan Pengawas Pemilu Dalam Menangani Kampanye Hitam Pada Pemilihan Umum Presidenrepublik Indonesia Tahun 2014 Berdasarkan Undang-Undangnomor 15 Tahun 2011 Tentang Penyelenggaraan Pemilihan Umum, Christopher Sinaga

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Black campaigns, especially in the case of Election administrative violations in campaign activities that violatethe campaign provisions as set out in Article 41 Number (1) of the Election Law of the President and VicePresident, can have a negative impact on one of the pairs of candidates for President and Vice President. Thepurpose of this study was to determine the role of the Election Supervisory Body in dealing with blackcampaigns in the 2014 Presidential Election in terms of Law Number 15 of 2011 concerning the Implementationof General Elections. The approach method in this study uses normative legal research. The specifications in …

Logo Dipersimpangan Undang-Undang Hak Cipta Dan Undang-Undang Merek, Danthy Julinentie

"Dharmasisya” Jurnal Program Magister Hukum FHUI

After the enactment of Law No. 28 of 2014 concerning the Copyright of trademark owners who have their own trademark of words and logos are unable to apply for intellectual property protection in the case of a registration / registration application where, if the logo is also a logo used in the protection of the mark, interpretation of the protection of a Work in the form of a logo against the concept of Copyright comparable to the concept of Brand Rights. This goal difference also differentiates the interests of claims of copyright and trademark infringement. In this case there is …

Persyaratan Pencalonan Kepala Daerah Dalam Uu Nomor 10 Tahun 2016 Dan Kaitannya Dengan Pelaksanaan Fungsi Kaderisasi Oleh Partai Politik, Dessy Marliani Listianingsih

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In order to embody a good local governance must start from creating governors who have good competence and quality, this is reflected in training or caderization. In this case, political parties have an important role to carry out their political recruitment functions, in which there are also contributions in caderizationing, selecting, and offering prospective governors to the people through the elections. Governors who are offered to the people through the elections should be a product of a gradual and continuous caderization. Therefore, the contents of the Law number 10 of 2016 as a legal platform for the election of regional …

Urgensi Meratifikasi Framework Convention On Tobacco Control (Fctc) Dalam Upaya Pengendalian Konsumsi Tembakau Di Indonesia, Fajar Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The current problem of tobacco consumption has become a global issue that covers almost all aspect of life, both economic, social and community welfare aspects, especially for the health aspects because of the impact of the healt losses they cause. Cigarette consumption in Indonesia continues to experience a significant increase. Indonesia is the thrid country with the highest number of smokers in the world. Global tobacco consumption control has been stated in Framework Convention on Tobacco Control (FCTC) since 2003, hut until now Indonesia has not ratified that FCTC. As part of the civilization of the international community, it is …

Kekuasaan Pengawasan Ombudsman Republik Indonesia Dalam Memastikan Hak Setiap Orang Bebas Dari Penyiksaan Dan Perbuatan Merendahkan Derajat Manusia, Gatot Goei

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The establishment of Ombudsman had been officially established on 2000, based on presidential decree number 44/2000 of Ombudsman Commission of Republic Indonesia. It was later strengthened by Law Number 37/2008 of Ombudsman Republic Indonesia. As one of State Auxiliary Body, Ombudsman exercises one of Legislative's powers, which is supervision function. Its feature adhered is to ensure the state administrators to practice their duty in giving public services. Ombudsman also partakes in guaranteeing the fulfillment of community rights by service provider, basedon enforced law, without discrimination and in line with the public services law. Ombudsman RI participates in protecting people from …

Etika Bisnis Pelaku Usaha Yang Merugikan Konsumen Dalam Hukum Persaingan Usaha, Hirmawati Fanny Tainpubolon

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Competition between business actors has been carried out in ways that are unfair so that there will be consumers who are hammed. This is because there is no honesty regarding the quality of goods offered for circulation by certain business actors by stating that the products they offer are of the highest class quality even though there are hidden defects covered, if this situation occurs in a protracted manner, consumers will suffer a lot of losses. Through the study of juridical analysis and using library research, the author examines two main issues, namely how business competition and business ethics among …

Perspektif Budaya Hukum Dalam Perkembangan Kasus Korupsi Di Indonesia, Fakhruddin Odhy

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In Indonesian society whose culture and social structure are complex, law functions more as a means of community renewal, law grows more from the part of society that has power and authority which can be a reflection of public interests. The fundamental problem in Indonesia is the legal culture that has not been going well. Legal conditions that are still rife in corruption cases being facedIn a legal culture perspective corruption shows behavior that is contrary to the values and norms of honesty, social, religion or law. Corruption itself is classified as a serious crime because it can disrupt economic …

Tinjauan Yuridis Penjaminan Simpanan Bank Dalam Likuidasi Terkait Simpanan Unrecorded Akibat Fraud Yang Dilakukan Oknum Bank, Dwinanto Prakoso

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bank as an agent of development aims to support the implementation of national development in order to improve the distribution of development and its results, economic growth, and national stability towards improving welfare of many people. In the impelemntation of the bank role as an agent of development, banks must carry out their business activities by taking into account public trust in the business of the bank. One of the efforts to maintain public trust in the activity of raising funds by banks, in year 2004 the government established the Deposit Insurance Corporation. One of the functions of the Indonesian …

Kesiapan Indonesia Dalam Memenuhi Nationally Determined Contribution (Ndc) Seb Agaiimplement Asi Paris Agreement Terkait Restorasi Lahan Gambut, Bela Titis Gantika Br Panggabean

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia has stated its participation in one of the Climate Agreement, namely Paris Agreement, in the context of reducing GHG emission. In its implementation, Paris Agreement provides obligations for the Parties to conduct a Nationally Determined Contribution, in which there are targets to be achieved in an effort to reduce GHG emissions, in accordance with the domestic conditions of the participating countries. Undoubtedly, each state has different priorities in efforts to reduce GHG emissions, including Indonesia. Natural disasters such as forest and peatland fires that often occur in Indonesia are considered by the government to prioritize forest and peatland restoration …

Reformasi Birokrasi Bidang Perizinan Penyelenggaraan Telekomunikasi Melalui Pelayanan Perizinan Berusaha Terintegrasi Secara Elektronik (Sistem Oss), Eka Sakti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Bureaucratic reform is expected to improve public services for public and to attain Good Governance for a country. In Indonesia, bureaucratic reform is carried out in various aspects and fields, one of which is the licensing bureaucracy of telecommunications in Indonesia through the implementation of the OSS System which is an effort to accelerate business licensing in Indonesia based on PP No. 24 of 2018 and Regulation of the Minister of Communication and Information No. 7 of 2018. In this case, the OSS System reforms business licensing regulations in terms of time, stages, and utilization of technological developments as an …

Consular Formalities Dalam Peraturan Kepala Badan Pengawas Obat Dan Makanan Nomor 26 Tahun 2018 Terkait Kebijakan Hambatan Non Tarif Perdagangan Impor Obat Tradisional, Hendry Ardi Marpaung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

II of the Inventory of Non-Tariff Measures (Industrial Products) specifically in the description of Customs and non-tariff barriers regarding Administrative Entry Procedures state that consular formalities are a type of non-tariff barrier. Fulfillment of certificate of free sale or certificate of pharmaceutical as a parts of consular formalityes issued by authorized government agencies in the country of origin and has been authorized by representatives of the Government of the Republic of Indonesia in obtaining Import Certificates against traditional drug import trade which should not commitment of Indonesia in international trade indicates the existence of non-tariff barriers carried out by Indonesia. …

Judicial And Legislative Development In The Field Of Administrative Contract Disputes And Its Adverse Impact On The Theory Of Dichotomy Of Administrative Decisions, Muhammad Salim Amin, Ali Yunus Ismail

UAEU Law Journal

The study deals with the latest judicial and legislative developments in the field of administrative contract disputes, as both the judiciary and legislation, especially in France, worked to develop a number of solutions to confront problems that were facing the right of others to challenge the administrative contract, whether the issue related to previous acts to conclude the contract And paved for it, or in some subsequent acts on the implementation of the contract, and even in the validity of the contract itself.

Moreover, the study included an explanation of the modern French judicial position regarding opening the way for …

Public Interest As A Criterion For The Legality Of Administration Acts, Omar Al- Bourini

UAEU Law Journal

Public administration assumes various actions that vary in their nature, appearances and implications. In order to perform these administration functions, the administration has to have an authority for achieving certain goals. The authority is not considered a privilege that can be used however and whenever the administration likes. On the contrary, these should be used for certain goals, that is, public interest. Public interest as a term is a wide concept, which usually raises many problematic issues concerning the administrative action since it is the aim of any authorized work. Consequently, the range of the administrations submission to the law …

Retroactive Liability For Clean-Up Of Hazardous Waste In Atlas V. United States: The Nuclear Industry's Failed Attempt To Make The Government Pay, Mary Boaz

Journal of Natural Resources & Environmental Law

No abstract provided.

The Applicant Violator System Under Smcra: Ownership And Control Regulations, Chauncey S. R. Curtz, Karen J. Greenwell

Journal of Natural Resources & Environmental Law

No abstract provided.

Edf V. Epa: The Dispute Surrounding Mining Waste Regulation Under The Bevill Amendment, Yvette R. Hurt

Journal of Natural Resources & Environmental Law

No abstract provided.

Inequitable Valuation In Regulatory Takings Cases: Compensation That "Goes Too Far", Lori C. Hudson

Journal of Natural Resources & Environmental Law

No abstract provided.

Pre-Rulemaking Regulatory Development Activities And Sources As Variables In The Rulemaking Fairness Calculus: Taking A Soft Look At The Ex-Apa Side Of Environmental Policy Rulemakings, Blair P. Bremberg

Journal of Natural Resources & Environmental Law

No abstract provided.

Financial Administrative Corruption: Its Causes, Effects And Means Of Combating It., Nawaf Salem Kanaan

UAEU Law Journal

The purpose of this study is to identify and analyse the issue of administrative and fiscal corruption. It emphasizes the importance of the fight against corruption, both in Islam and international conventions and exposes the causes of corruption such as bribery, embezzlement and money laundering.

The study, deals with the impact of corruption on development, administrative reform, national economy and social conditions. It also explores the means to confront corruption in constitutions, legislations, penal codes, judicial, administrative and fiscal reviews, especially the administrative means such as the creation of an institution to fight corruption, to establish a standard of official’s …

The Music Industry: Drowning In The Stream, Jonathan Croskrey

Journal of the National Association of Administrative Law Judiciary

The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.