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Politik Hukum Program Keluarga Berencana Di Indonesia, Aditya Rahmadhony, Mardiana Dwi Puspitasari, Maria Gayatri, Iwan Setiawan 2021 Peneliti Badan Kependudukan dan Keluarga Berencana Nasional

Politik Hukum Program Keluarga Berencana Di Indonesia, Aditya Rahmadhony, Mardiana Dwi Puspitasari, Maria Gayatri, Iwan Setiawan

Jurnal Hukum & Pembangunan

Regime or government change has specificlegal political characteristics, including the Political Law of Family Planning. Each period of government has different views and policies on the implementation of the national family planning program as one of the programs in population control in Indonesia. This study aims to determine the effect of legal politics on the success of the family planningprogram in Indonesia by analyzing statutory regulations in the form of policy rules relating to the family planning program at each government period. The research method used is juridical-normative research through a literature review approach by analyzing policies in the form …


Urgensi Prinsip Non-Diskriminasi Dalam Regulasi Untuk Pengarus-Utamaan Kesetaraan Gender, Anisatul Hamidah 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 …


Perilaku Ramah Air Dalam Perspektif Hukum(Studi Peraturan Daerah Dki Jakarta Dan Kota Depok Terkait Sumber Daya Air), R. Ismala Dewi, Aad Rusyad Nurdin 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 …


Fungsi Akta Notaris Dalam Lisensi Hki: Perspektif Fidusia, Dian Cahayani, Merlin Swantamalo Magna 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 …


Pandemi Covid-19: Force Majeure Dan Hardship Pada Perjanjian Kerja, Nindry Sulistya Widiastiani 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 …


Pendekatan Keadilan Integratif Dalam Membangun Institusi Publik Yang Legitim, Tri Harnowo, Alavi Ali 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.


Mengkaji Penerapan Sanksi Pidana Dalam Pencegahan Penyebaran Covid-19 Di Indonesia, Aliyth Prakarsa, Dadang Herli, Rena Yulia 2021 Dosen Bidang Hukum Pidana Fakultas Hukum Univ Sultan Ageng Tirtayasa

Mengkaji Penerapan Sanksi Pidana Dalam Pencegahan Penyebaran Covid-19 Di Indonesia, Aliyth Prakarsa, Dadang Herli, Rena Yulia

Jurnal Hukum & Pembangunan

The police in handling policies that are applied in an emergency period use criminal sanctions, meanwhile, the police also need to provide education and legal protection for the community when there are repressive efforts from the police in enforcing government policies through the Chief of Polices Declaration. The specific target to be achieved is to examine the application of the Chief of Polices Declaration in the application of the contents of the edict that contains criminal sanctions and examine its effectiveness in its application. The method used in this study is a normative and empirical legal research method. Normative research …


Surat Edaran Sebagai Instrumen Administrasi Negara Di Masa Pandemi Covid-19, Fitriani Ahlan Sjarif, Efraim Jordi Kastanya 2021 Dosen Fakultas Hukum UniversitasIndonesia

Surat Edaran Sebagai Instrumen Administrasi Negara Di Masa Pandemi Covid-19, Fitriani Ahlan Sjarif, Efraim Jordi Kastanya

Jurnal Hukum & Pembangunan

Since Indonesia entered a period of health emergencies caused by the outbreak ofthe Covid-19, the Indonesian government has attempted to develop various legal instruments to regulatethe behavior of the Indonesian people. One of the instruments used is a circular letter. This paper tries to examine the normative juridical use of circular letters as an instrument of state administration during this pandemic. In legislation science and administrative law theory,a circular letter is a piece of legislationthat should be used as an official note to warn and remind, notto regulate.In practice, there are several problematic Circular Letters which are used to regulate …


Penerapan Pertanggungjawaban Pidana Korporasi Dalam Berbagai Putusan Pengadilan, Muhammad Fatahillah Akbar 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, Ilham Fajar Septian, Ali Abdurahman 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 …


Tinjauan Yuridis Terhadap Perlindungan Anak Dalam Ruang Siber Di Indonesia, Muhammad Rafifnafia Hertianto 2021 Mahasiswa SarjanaFakultas Hukum Universitas Gadjah Mada

Tinjauan Yuridis Terhadap Perlindungan Anak Dalam Ruang Siber Di Indonesia, Muhammad Rafifnafia Hertianto

Jurnal Hukum & Pembangunan

Indonesia high internet development and penetration rate make the child as user in a vulnerable position tocyberspace threat. Ironically Indonesia until this moment has no specific law or technical mechanism that can guarantee child security and fulfill child rights. In the current situation the number of criminal reports which utilize internet as its medium arehigh and keep on increasing over the year. This research aim to analyze the concept of child protection in cyberspace based on existing regulations on child protection. This research uses normative juridical methods and secondarydata which is then analyzedto state conclusion and recommendation. Based on the …


Corporate Violations Of Human Rights: Addressing The Coordinated Surveillance And Persecution Of The Uyghur People By The Chinese State And Chinese Corporations, Ross Smith 2021 University of Georgia School of Law

Corporate Violations Of Human Rights: Addressing The Coordinated Surveillance And Persecution Of The Uyghur People By The Chinese State And Chinese Corporations, Ross Smith

Georgia Journal of International & Comparative Law

No abstract provided.


Carrots Or Sticks?: Anti-Gentrification Mechanisms In Atlanta, Georgia And Berlin, Germany, Bailey Meyne 2021 University of Georgia School of Law

Carrots Or Sticks?: Anti-Gentrification Mechanisms In Atlanta, Georgia And Berlin, Germany, Bailey Meyne

Georgia Journal of International & Comparative Law

No abstract provided.


Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour 2021 IWK Health Centre and Dalhousie University

Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour

Georgia Journal of International & Comparative Law

No abstract provided.


Buffering Against Vicissitudes: The Role Of Social Insurance In The Covid-19 Pandemic And In Maintaining Economic Stability, Renée M. Landers 2021 Suffolk University Law School

Buffering Against Vicissitudes: The Role Of Social Insurance In The Covid-19 Pandemic And In Maintaining Economic Stability, Renée M. Landers

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking Immigration Enforcement, Peter L. Markowitz 2021 Benjamin N. Cardozo School of Law

Rethinking Immigration Enforcement, Peter L. Markowitz

Articles

As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported in the entire previous history of the United States. The human and fiscal costs of ICE's mass deportation agenda are astronomical, and there is almost universal agreement across the political spectrum that the United States' immigration enforcement apparatus is badly broken. That, however, is where the …


Nature’S Rights, Christiana Ochoa 2021 Indiana University, Maurer School of Law, Bloomington, IN

Nature’S Rights, Christiana Ochoa

Michigan Journal of Environmental & Administrative Law

Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, …


Assessing China’S Environmental Ngo Public Interest Litigation Against The U.S. Citizen Suit Model, Huishihan Wang 2021 Elisabeth Haub School of Law at Pace University

Assessing China’S Environmental Ngo Public Interest Litigation Against The U.S. Citizen Suit Model, Huishihan Wang

Dissertations & Theses

This dissertation introduces the U.S. and China’s environmental governance evolution, the background of their private enforcement provisions, including each country’s environmental legislative, administrative, and judicial development before establishing private enforcement. After the introduction, the second section examines the U.S. environmental citizen suits’ origin, environmental movements during the 1960s and 1970s, and pioneer ENGOs’ legal experiences. Statutory provisions are reviewed in various aspects in order to fully present this significant U.S. private enforcement measure. The third section analyzes the trajectory of Chinese ENGO EPIL development, including the provisions and typical actions according to several scattered provisions. Section four compares the theoretical …


Zoning And The Cost Of Housing: Evidence From Silicon Valley, Greater New Haven, And Greater Austin, Robert C. Ellickson 2021 Yale Law School

Zoning And The Cost Of Housing: Evidence From Silicon Valley, Greater New Haven, And Greater Austin, Robert C. Ellickson

Cardozo Law Review

Municipal zoning, shockingly, may be the most consequential regulatory program in the United States. This Article develops metrics for measuring the extent to which a locality’s zoning practices are exclusionary, that is, limit construction of least-cost housing. It applies the metrics to actual zoning ordinances and zoning maps, materials that legal scholars have seldom closely appraised. The municipalities chosen for study lie in three metropolitan areas, the ones listed in the Article’s title. Of the three, zoning in Greater Austin, one of the fastest growing metropolitan areas in the United States, is—to no one’s surprise—the most conducive to housing development. …


Unravel Persistent Land Tenure Insecurity Behind Indonesia’S Palm Oil Industry: Study Case Kinipan Indigenous Community In Central Kalimantan., Widya Naseva Tuslian 2021 Leiden University

Unravel Persistent Land Tenure Insecurity Behind Indonesia’S Palm Oil Industry: Study Case Kinipan Indigenous Community In Central Kalimantan., Widya Naseva Tuslian

Indonesia Law Review

This paper argues that legal pluralism within the context of state law contributes to tenure insecurity experienced by indigenous communities behind the palm oil industry in Indonesia. The palm oil industry is an industry that contributes significantly to Indonesia's economy and is a mainstay of national export. However, this industry is also renowned for bringing multidimensional issues such as ecological problems, biodiversity crises, and land conflict with existing inhabitants, particularly indigenous groups. The latter issue is peculiar in Indonesia's palm oil industries as, in many cases, palm oil projects overlapped with indigenous people's forest land or places where they reside. …


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