Penguatan Kapasitas Lpd Desa Adat Di Bali Melalui Penyuratan Awig-Awig,
2020
Dosen Fakultas Hukum Universitas Warmadewa Denpasar Bali
Penguatan Kapasitas Lpd Desa Adat Di Bali Melalui Penyuratan Awig-Awig, I Made Suwitra, I Ketut Selamet, Luh Kade Datrini
Jurnal Hukum & Pembangunan
The Village Credit Institution (LPD) owned by Desa Adat in Bali is oriented to strengthen the economy of indigenous peoples (krama adat) through lending (loans) and savings. The main source of capital for LPDs is the commitment and trust of all village manners which are submitted through the Adat Village Management Board (Prajuru) and the LPD Board. The strengthening of LPDs is in its management and accounting system and its supervision, because it is not uncommon for LPDs that are already large due to weak monitoring systems, poor management and accounting systems to misuse LPD funds utilization which causes LPD …
Optimalisasi Fungsi Pengawasan Dewan Etik Mahkamah Konstitusi,
2020
Dosen Hukum Tata Negara Fakultas Hukum Universitas Hasanuddin
Optimalisasi Fungsi Pengawasan Dewan Etik Mahkamah Konstitusi, Fajlurrahman Jurdi, Rizqa Ananda Hanapi, Taufik Hidayat
Jurnal Hukum & Pembangunan
Violations of law and code of ethics performed by the constitutional judge shows that there is abuse of power within the court. The existence of Board of Ethics has questioned due to these violation and accused for not being able to perform its function in maintaining the dignity of the court. This concludes that the optimization of the function of the Board of Ethics are necessary. This is a normative and doctrinal research with several approaches. This research explains that board of ethics needs several changes within its body, such as: 1) boarden the board’s authority from investigating reports and …
Pengaturan Dan Praktek Praperadilan Tindak Pidana Pajak Di Indonesia,
2020
Department Business Law, Faculty Humanity, Bina Nusantara (BINUS) University, Jakarta
Pengaturan Dan Praktek Praperadilan Tindak Pidana Pajak Di Indonesia, Ahmad Sofian, Batara Mulia Hasibuan
Jurnal Hukum & Pembangunan
Pretrial is an institution to control and correct law enforcement which are deemed to have violated mechanisms established in procedural laws. The correction is not aimed to look into the aspects of the alleged criminal case but determine whether “rules of the game” established in the formal criminal law have been implemented properly or not. In practice, tax payers being involved in tax criminal cases often file pretrial motion although tax investigators actually have applied the principles of formal criminal law in legal measures they take. There are often different interpretations of laws and regulations used in pretrial institution for …
Tindak Pidana Pencemaran Nama Baik Melalui Facebook Menurut Kuhp Dan Undang-Undang Nomor 11 Tahun 2008 Tentang Ite,
2020
Staf Pengajar Fakultas Hukum Universitas Airlangga
Tindak Pidana Pencemaran Nama Baik Melalui Facebook Menurut Kuhp Dan Undang-Undang Nomor 11 Tahun 2008 Tentang Ite, Arif Satria Subekti, Novian Ardynata Setya Pradana, Ajrina Yuka Ardhira, Mukhammad Tismandico Ilham Zulfikar
Jurnal Hukum & Pembangunan
The size of an action can be named as defaming the reputation of others is still unclear because many factors must be studied. In the case of defamation or defamation that is protected, the protection of others for the other person's point of view is protected and the agreed name in the eyes of others. Someone even the authorities will face us to account for a word that we have made against someone. Being asked to act disgracefully can help fight in the community. More than that, in solving problems, the legal people are actually required to really determine the …
Prostitusi Online: Penjualan Suami Oleh Istri (Perubahan Relasi Gender Dan Seksualitas Di Era Digital),
2020
Dosen Fakultas Ilmu Sosial dan Politik Universitas Indonesia
Prostitusi Online: Penjualan Suami Oleh Istri (Perubahan Relasi Gender Dan Seksualitas Di Era Digital), Vinita Susanti
Jurnal Hukum & Pembangunan
This article discusses online prostitution in the digital age, by showing changes in gender relations between victims and perpetrators, which are analyzed with the view of radical feminists and Bourdieu's theory, symbolic violence. Women in gender ideology are placed as victims, so in this article there is social deconstruction, where women occupy positions as perpetrators. This change was demonstrated through an online prostitution case: the selling of a husband by a wife. The discussion begins with the case of online prostitution, women in reality studies: victims of online prostitution, the study of radical feminist thought and symbolic violence from Bourdieu's …
Peraturan Presiden No. 125/ 2016 Sebagai Katalis Perubahan Dalam Kebijakan Penyelamatan Kapal Pengungsi Rohingya,
2020
Dosen Fakultas Hukum University of Melbourne
Peraturan Presiden No. 125/ 2016 Sebagai Katalis Perubahan Dalam Kebijakan Penyelamatan Kapal Pengungsi Rohingya, Susan Kneebone
Jurnal Hukum & Pembangunan
This paper incorporates discussion and papers presented at a Workshop on ‘Presidential Regulation No. 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia: Opportunities and Challenges’, held at the Fakultas Hukum (Faculty of Law), Universitas Indonesia, in March 2018. The argument in this piece, namely that the Peraturan Presiden (Presidential Decree) No. 125/ 2016 is unlikely to be effective, has been borne out by the action of fishermen from Aceh who in 2020 landed 99 Rohingya refugees after the government of Indonesia refused to assist them. The PerPres of 125/16 does not contain a clear and …
Kendala Dan Cara Hakim Peradilan Tata Usaha Negara Pasca Uu Administrasi Pemerintahan: Suatu Pendekatan Atas Penanganan Perkara Fiktif Positif,
2020
Profesor Hukum Administrasi Negara, Fakultas Hukum Universitas Udayana
Kendala Dan Cara Hakim Peradilan Tata Usaha Negara Pasca Uu Administrasi Pemerintahan: Suatu Pendekatan Atas Penanganan Perkara Fiktif Positif, I Gusti Ngurah Wairocana, I Wayan Bela Siki Layang, I Ketut Sudiarta, Putu Ade Hariestha Martana, Kadek Agus Sudiarawan, Bagus Hermanto
Jurnal Hukum & Pembangunan
After the enactment of the Law of Government Administration, had implied to shifting paradigm concerning the regime of Administrative Decision from negative fictive became positive fictive. However, the regulation into Law of Government Administration contains several obstacles on pratical scope towards Administrative Court Judges. Meanwhile enactment of Supreme Court regulation however Adiministrative Court Judges searching the suitable method after implication of positive fictive regime in the Administrative Procedural Law System. This study aims to analyze and discuss concerning obstacles and method by the Administrative Court Judges solving the practical obstacles after enactment of the Law of Government Administration. This study …
Konsep Kepemilikan Tanah Ulayat Masyarakat Adat Minangkabau,
2020
Mahasiswa Program Magister Ilmu Hukum Universitas Andalas, Calon Hakim Peradilan Umum Mahkamah Agung RI
Konsep Kepemilikan Tanah Ulayat Masyarakat Adat Minangkabau, Fitrah Akbar Citrawan
Jurnal Hukum & Pembangunan
Land is a very important factor in the life of the people of Indonesia, especially in the environment of the West Sumatra customary law community, where most of its population depend their lives and livelihoods from the land. In West Sumatra, in reality there are still acknowledged lands in the customary law community whose management, use and use are based on the provisions of local customary law and are recognized by the residents of the customary law community as their communal land. Ulayat Land Minangkanbau in the concept of ownership includes in the narrow sense that it is in the …
Kebijakan Perlindungan Anak Korban Kejahatan Seksual Di Cirebon,
2020
Dosen Fakultas Hukum Universitas Muhammadiyah Cirebon
Kebijakan Perlindungan Anak Korban Kejahatan Seksual Di Cirebon, Nur Rahman, Sarip Sarip
Jurnal Hukum & Pembangunan
This research is motivated by the local media in Cirebon since May 2016-2018 cannot be separated from the discussion and data that Cirebon is categorized as an emergency of child violence. The category of emergencies can be known from data on the increase in child violence in 2016 with 30 cases recorded, in 2017 there were 126 cases, and in early 2018 it increased to 147 cases. What is the ideal policy for realizing child protection? What steps should be taken by the regional government in Cirebon in responding to areas that are included in the emergency situation of child …
Klaim Asuransi Pesawat Udara Sewa Guna Usaha (Operating Lease) Sebagai Objek Jaminan Fidusia,
2020
Dosen Magister Kenotariatan, Fakultas Hukum Universitas Brawijaya
Klaim Asuransi Pesawat Udara Sewa Guna Usaha (Operating Lease) Sebagai Objek Jaminan Fidusia, Sukarmi Sukarmi, M. Sudirman, Dwi Egawati
Jurnal Hukum & Pembangunan
Airlines in the process of procurement of an Aircraft, one of which is through Operating Lease with the Leasing Company. The Leasing Company (Lessor) in purchasing an Aircraft with funding mechanism from the Bank shall encumber the Aircraft with a mortgage as its securities. In the Aircraft Lease Agreement, Insurance Claim over the Aircraft shall also be encumbered with fiduciary by Airlines. Nevertheless, under Article 10 paragraph b Law of The Republic of Indonesia Number 42 of 1999 on Fiduciary (hereinafter referred to as UUJF) states that unless otherwise agreed, Fiduciary includes the Insurance Claims in the event that the …
Preview—Park County Environmental Council V. Montana Department Of Environmental Quality: A Test Of Montana’S Right To A Clean And Healthful Environment,
2020
Alexander Blewett III School of Law at the University of Montana
Preview—Park County Environmental Council V. Montana Department Of Environmental Quality: A Test Of Montana’S Right To A Clean And Healthful Environment, Liz M. Forster
Public Land & Resources Law Review
The Supreme Court of Montana will hear oral arguments in this matter on Wednesday, September 30, 2020, at 9:30 a.m. in the Mazurek Justice Building in Helena, Montana. This case challenges a key provision of Montana’s bedrock environmental law—the Montana Environmental Policy Act (“MEPA”)—and tests the judicial power of the state’s constitutional right to a clean and healthful environment to issue injunctions to prevent environmental harm.
Conditions Of Legality Of Administrative Act And Errors Of Discretionary Power,
2020
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Conditions Of Legality Of Administrative Act And Errors Of Discretionary Power, Jurabek Nematov
Review of law sciences
This article is a scientific-theoretical analysis of the most central institution of administrative law – the administrative act. The article presents the features of the administrative act, scientific-theoretical views on the terms of the legality of the administrative act. The illegality of discretionary power, error in the application of discretionary power, the criteria for determining the abuse of discretionary power are revealed
Organizational And Legal Issues Of Digital Public Administration In The Sphere Of Customs In The Republic Of Uzbekistan,
2020
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Organizational And Legal Issues Of Digital Public Administration In The Sphere Of Customs In The Republic Of Uzbekistan, Elyor Rahmatov
Review of law sciences
In this article, the author analyzes the legal issues of organizational and legal issues of digital public administration within customs authorities of the Republic of Uzbekistan, the essence of reforms in ensuring the economic security of the country with the widespread use of information and communication technologies in the activities of customs authorities.
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al.,
2020
Alexander Blewett III School of Law at the University of Montana
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Public Land & Resources Law Review
A single cross-border pipeline project has been the epicenter of environmental litigation for the last decade—and it is not over yet. For years, TransCanada Keystone Pipeline, LP and TC Energy have sought to construct and maintain a segment of the Keystone pipeline between the United States and Canada to connect existing pipeline infrastructure and transport crude oil. To do so, the company must first apply and be approved for a permit. Between 2008 and 2012, President Obama twice denied TransCanada Keystone Pipeline and TC Energy’s applications. Then, in 2017 and again in 2019, President Trump unilaterally invited TC Energy’s application …
Montana Wildlife Federation V. Bernhardt,
2020
Alexander Blewett III School of Law at the University of Montana
Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien
Public Land & Resources Law Review
A federal court in Montana vacated the lease sale of several large oil and gas developments in Montana and Wyoming because BLM’s revised guidance documents, which facilitated the lease sales, failed to prioritize development outside of sage-grouse habitat, as required by BLM land use plans. BLM adopted the prioritization requirement in 2015 as part of an effort to prevent the sage-grouse from being listed under the Endangered Species Act. The court held BLM violated the Federal Land Policy and Management Act when it essentially eliminated the prioritization requirement and approved the lease sales without properly amending the land use plans.
County Of Maui, Hawaii V. Hawaii Wildlife Fund,
2020
Alexander Blewett III School of Law at the University of Montana
County Of Maui, Hawaii V. Hawaii Wildlife Fund, Rachel L. Wagner
Public Land & Resources Law Review
The Supreme Court of the United States was recently asked to decide whether the Clean Water Act requires a permit for the discharge of pollutants that originate from a point source but are conveyed to navigable waters by a nonpoint source. Vacating the Ninth Circuit’s “fairly traceable” test, the Court held the Clean Water Act requires a permit when there is a direct discharge of pollutants from a point source into navigable waters or when there is the “functional equivalent of a direct discharge.”
U.S. Forest Service V. Cowpasture River Preservation Ass'n.,
2020
Alexander Blewett III School of Law at the University of Montana
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the …
National Wildlife Federation V. Secretary Of The United States Department Of Transportation,
2020
Alexander Blewett III School of Law at the University of Montana
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.
Mcgirt V. Oklahoma,
2020
Alexander Blewett III School of Law at the University of Montana
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
Doj Blows The Whistle On Professional Whistleblowers: But The Circuits Are Split On Whether Dismissals Will Be Swift,
2020
Villanova University Charles Widger School of Law
Doj Blows The Whistle On Professional Whistleblowers: But The Circuits Are Split On Whether Dismissals Will Be Swift, Jennifer Harchut
Villanova Law Review (1956 - )
No abstract provided.
