Civil Law Commons^™

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. …

The Legal System Of Apostleship: A Comparative Study In Regulating The Relationship Between Sender Of The Expression Of The Will And The Courier, Adil Mohammed Ali

UAEU Law Journal

The apostleship is a legal action between the sender of the expression of will and the courier, and includes a delegation from the sender to the courier. And it is a contract by which the sender puts the courier in himself place in order to communicate his will to the addressee.

In general, the problem of the study represents in the almost complete disregard of civil laws in general to regulate the subject of the apostleship, since the latter is a legal framework for the relationship between the sender of an expression of will and a courier to communicate that …

There Is No Justice When Low And Modest-Income D.C. Residents Are Forced To Represent Themselves In Civil Cases, Sheldon Krantz

University of the District of Columbia Law Review

After spending more than twenty years as a white-collar criminal defense lawyer at DLA Piper and prior to that serving as a federal prosecutor, law professor, and law school dean, I had the opportunity to help develop and then share responsibility for directing the non-profit D.C. Affordable Law Firm (“DCALF”). 135 I learned from this experience that lawyers are rarely available for most of the low- and modest income District of Columbia (“D.C.”) residents who find themselves embroiled in civil matters in D.C. Superior Court on matters greatly impacting their lives. They become, as a result, self-represented litigants (“SRLs”) who …

The Concept Of “Return” In Contracts

UAEU Law Journal

In the common law ofEnglandandUnited States, agreement is enforceable if it is shown that it is made for valuable “return”: that is a profit provided by a party seeking enforcement of the agreement. Thus, the presence of a profit is a precondition for the validity of all contracts unless they are under seal. Profits can be looked at as a price paid by the other party. It takes the form of some rights, profits or benefits accruing to the one party or some detriment or loss suffered by the other.

In Civil law system, a lawful cause is a precondition …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Program: Senior Projects (Public)

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

Loopholes In Information Technology Contracts, Tark Kazim Ageel

UAEU Law Journal

This research deals with the loopholes that may be found in Information Technology (IT) contracts and attempts to answer the following research question: are the generalrules governing traditionalIT contracts sufficient to dealwith them, or is there a need for another set of rules which are more compatible with such contracts and are better able to dealwith the loopholes that may arise (both moraland logical) in said contracts?

Compensation For Moral Damage - A Comparative Study, Mohannad Azmi Abou-Moghli

UAEU Law Journal

The amount of material damage or loss incurred can be evaluated. No disputes are expected to arise in such cases. However, moral damage such as pain, sadness, infamy, and dishonor do not constitute material loss; therefore, no compensation may clearly be calculated; in other words, there is difficulty in evaluating moral damage and its indemnity. This paper undertakes such a task in order to regulate compensation of moral damage

The Purchaser's Securities In An Electronic Sale Contract - Part I, Osama Ahmed Bader

UAEU Law Journal

This article analyses the legal provisions that aim to posit the legal regulations necessary for the protection of the purchaser (consumer) via analyzing the French legal provisions and stipulations that address the purchaser as a consumer and via the judicial applications in this regard.

The Purchaser's Securities In An Electronic Sale Contract -Part 2, Osama Ahmed Bader

UAEU Law Journal

This part of the research study deals with the legal controls required for the fulfillment of the vendor's obligations; these include securing delivery, soundness of goods, and guarantees in case of defects.

The Consumer's Right Of Withdrawal In Doorstep Selling And Distance Contracts, Aymen Masadeh, Alaa Khasawneh

UAEU Law Journal

This study deals with the right of withdrawal, which is one of the legal means to protect consumers in contracts. Due to the rapid developments of marketing techniques used by traders to promote the sales of their products, it has become important for legislators to intervene to protect consumers. Due to such marketing techniques, consumers may not have time to make sure they need the offered products in doorstep selling contracts. The same situation may apply in distance selling contracts where consumers usually do not have the chance to actually see the offered products and may find out late they …

Rules Of Sale With Right Of Redemption In Lebanese Contract Law And The Possibility Of Its Application In Jordanian Civil Law•, Yousef Mohammad Obiedat

UAEU Law Journal

This study aims at examining the contract of Sale with Right of Redemption in Lebanese Contract Law, and the possibility of its application in Jordanian Civil Law. The Sale with Right of Redemption is defined as a sale with a condition that when the seller refunds the price of the purchase during a fixed time, the purchaser should return to him/her that which was sold. This study started exploring such kind of sale under the Lebanese Contract Law, and then examined whether there are legal or economic justifications to adopt it in Jordanian law. To that intent, the study was …

A Comparative Legal Study Within A Civil Law Framework, Saleh Ahmed Al-Luhaibi

UAEU Law Journal

The Exit Contract is considered as one of the fields that did not receive sufficient legal research within the scope of civil law. Most legal studies have focused on civil status. Therefore, the researcher chose this aspect and treated it in terms of civil law as it is a well-known fact that the Exit Contract is the first contract carrier of property. That is why it must be studied in this regard with a focus on the contract in terms of its foundations and the conditions of its most important provisions that differentiate it from the rest of the contract …

Writing In The Electronic Era Within The Frame Of Jordanian Law, Nael Ali Masadeh Dr.

UAEU Law Journal

Writing is one of man’s ways of expression. Writing embraces ideas and thoughts able to be realized. Thus writing is used in contracts to express will of parties. In addition, writing is one of most important means of evidence. Besides, writing is required for some contracts to be contracted. Electronic writing is the one done on a computer. Both electronic and normal writing are similar to express thoughts and ideas and will. The law is equal regarding both normal and electronic writing. However, the condition of writing is achieved if it is performed electronically when it was required for contracting …