Peliputan Secara Langsung Persidangan Perkara Pidana Oleh Media Televisi Dihubungkan Dengan Asas Pemeriksaan Di Pengadilan Terbuka Untuk Umum Dalam Rangka Pembaharuan Hukum Acara Pidana,
2020
Faculty of Law University of Padjajaran
Peliputan Secara Langsung Persidangan Perkara Pidana Oleh Media Televisi Dihubungkan Dengan Asas Pemeriksaan Di Pengadilan Terbuka Untuk Umum Dalam Rangka Pembaharuan Hukum Acara Pidana, Merti Ardilla, Elis Rusmiati, Ijud Tajudin
Jurnal Hukum & Pembangunan
In the practice of judiciary in Indonesia, the phenomenon of direct trial of cases of punishment by the press appeared and then broadcast live through television media, this could occur in a situation as a trial announced for the public. This practice has a negative impact, among others, will refute the principle of the presumption of innocence and have an impact on the evidence at the trial. This study aims to find out and analyze the provisions regarding the coverage of trials in court by disputes with the public interest and the principle of examination at the trial open to …
Pencemaran Nama Baik Dan Penghinaan Melalui Media Teknologi Informasi Komunikasi Di Indonesia Pasca Amandemen Uu Ite,
2020
University of Surabaya
Pencemaran Nama Baik Dan Penghinaan Melalui Media Teknologi Informasi Komunikasi Di Indonesia Pasca Amandemen Uu Ite, Anton Hendrik Samudra
Jurnal Hukum & Pembangunan
The amendment of the ITE Law is conducted to provide better legal certainty. This is an effort to respond to society development and aims to provide better legal protection and justice. The implementation of freedom of expression in the media of Information Communication Technology (ICT) affecting the number of defamation. With the amendment of ITE law, it is necessary to examine the nature of defamation offense and libel through ICT media.
Partisipasi Perempuan Dalam Proses Pengambilan Keputusan Di Dewan Adat Terkait Dengan Penyelesaian Kasus-Kasus Kekerasan Terhadap Perempuan: Kisah Dari Atambua, Sumba Timur, Rote Dan Labuan Bajo,
2020
Faculty of Law University of Indonesia
Partisipasi Perempuan Dalam Proses Pengambilan Keputusan Di Dewan Adat Terkait Dengan Penyelesaian Kasus-Kasus Kekerasan Terhadap Perempuan: Kisah Dari Atambua, Sumba Timur, Rote Dan Labuan Bajo, Lidwina Inge Nurtjahyo
Jurnal Hukum & Pembangunan
Based on Convention on Elimination of Discrimination Against Women, especially in Articles 2c, 5a, 7b and c, 15 (1) and (2) women and men are equal. If there are any discriminations, the states which have ratified the Convention shall eliminate the discriminations from rules or tradition or practices. Women in some indigenous communities have some limitation in decision making process, even in the process to get solution in violence aghaainst women cases. For examples in Rote, Labuan Bajo, East Sumba and Atambua (East Nusa Tenggara) women have limited access to the decision-making process in indigenous forums even in cases of …
Pelaksanaan E-Court Menurut Perma Nomor 3 Tahun 2018 Tentang Administrasi Perkara Di Pengadilan Secara Elektronik Dan E-Litigation Menurut Perma Nomor 1 Tahun 2019 Tentang Administrasi Perkara Dan Persidangan Di Pengadilan Secara Elektronik (Studi Di Pengadilan Negeri Di Indonesia),
2020
Faculty of Law University of Indonesia
Pelaksanaan E-Court Menurut Perma Nomor 3 Tahun 2018 Tentang Administrasi Perkara Di Pengadilan Secara Elektronik Dan E-Litigation Menurut Perma Nomor 1 Tahun 2019 Tentang Administrasi Perkara Dan Persidangan Di Pengadilan Secara Elektronik (Studi Di Pengadilan Negeri Di Indonesia), Sonyendah Retnaningsih, Disriani Latifah Soroinda Nasution, Rouli Anita Velentina, Kelly Manthovani
Jurnal Hukum & Pembangunan
The process of resolving cases at a trial is not always carried out conventionally ie the parties come directly to the trial but can be done online. This is marked by the launch of the e-court application on July 13, 2018. With the launch of the e-court application, the Supreme Court has moved towards electronic justice which will fundamentally change the practice of litigation services in the courts. Since the issuance of Supreme Court Regulation No. 1 of 2019 concerning Administrative of Cases and Trials in Electronic Courts on August 19, 2019, the Supreme Court Regulation No. 3 of 2018 …
Peran Dan Fungsi Notaris Dalam Pembuatan Kontrak Bagi Hasil Minyak Dan Gas Bumi Di Indonesia,
2020
University of Syiah Kuala
Peran Dan Fungsi Notaris Dalam Pembuatan Kontrak Bagi Hasil Minyak Dan Gas Bumi Di Indonesia, Zakia Vonna, Sri Walny Rahayu, M. Nur
Jurnal Hukum & Pembangunan
This article describes contract as one of the essential elements in commercial law, one of which is the oil and gas sector. Therefore, in drafting the contract in the sector, requirements set in prevailing laws and regulation need to be met. In practice, notaries are often involved as public officials in the process of contract drafting in accordance with Article 15 of Law No 2 of 2014 regarding the amendment for Law No 30 of 2004 regarding the Legal Constitution of Notary Public Profession, because they are state officials who are authorized to draft and ratify contracts. This research was …
Merekonstruksi Paradigma Gugatan Citizen Lawsuit Di Indonesia Sebagai Sengketa Administrasi,
2020
Pengadilan Tata Usaha Negara Makassar
Merekonstruksi Paradigma Gugatan Citizen Lawsuit Di Indonesia Sebagai Sengketa Administrasi, Muhammad Adiguna Bimasakti
Jurnal Hukum & Pembangunan
Citizen Lawsuit is an alternative law enforcement mechanism for citizens. Every citizen has the same right to file a Citizen Lawsuit in the court. However, the problems are that there is no definite regulation regarding the authority to adjudicate Citizen Lawsuit, and its contact with the “Judicial Review” which is the constitutional authority of the Supreme Court. In addition there are also problems related to discretionary authority where there is a prohibition for judges to judge the good and bad of the government's discretionary actions. This paper tries to answer these problems through normative and theoretical approaches. The contact between …
Urgensi Revisi Undang-Undang Nomor 6 Tahun 2014 Tentang Desa Perihal Pembangunan Desa,
2020
Sekolah Tinggi Ilmu Administrasi (STIA) Cimahi
Urgensi Revisi Undang-Undang Nomor 6 Tahun 2014 Tentang Desa Perihal Pembangunan Desa, Dian Herdiana
Jurnal Hukum & Pembangunan
The enactment of Law Number 6 of 2014 on Villages brings optimism to the creation of village development that is able to realize village autonomy. But in practice, the Village Law has not been able to realize the development goals. On this basis, this article is intended to examine village development from the perspective of the substance of the Village Law. The method used in this study is a juridical-normative method with a descriptive approach. The results of the study show that the substance of the Village Law does not give full authority to the villages in local-participatory development, even …
Rule Of Law, Neoliberalisme Dan Proyek Reformasi Hukum World Bank: Perspektif Critical Legal Studies,
2020
Faculty of Law University of Brawijaya
Rule Of Law, Neoliberalisme Dan Proyek Reformasi Hukum World Bank: Perspektif Critical Legal Studies, Syahriza Alkohir Anggoro
Jurnal Hukum & Pembangunan
The emergence of World Bank legal reform projects in promoting the rule of law has been successful to encourage third world countries to reform their legal aspects to help formulate market friendly policy. This article tries to question the concept of rule of law that is materialized in many World Bank legal reform projects by using critical legal perspective to analysis legal scholarship on the role of law in the context of development. It trying to present an alternative explanation of World Bank’s rule of law which we are hypothetizing as a neoliberal concept. World Bank’s rule of law are …
Decoding Judicial Reasoning In China: A Comparative Empirical Analysis Of Guiding Cases,
2020
Chicago-Kent College of Law
Decoding Judicial Reasoning In China: A Comparative Empirical Analysis Of Guiding Cases, Runhua Wang
Cleveland State Law Review
The judicial system in China recently started using legal precedents—known as guiding cases—as a new legal source to eliminate adjudicative inconsistency. Guiding cases (“GCs”) present the current judicial reasoning to some extent and can be used to predict the future of judicial reasoning in China. What are GCs? What legal issues do GCs address? How do they address legal issues? How do GCs affect the legal system and adjudication in China? This Article answers these questions with empirical evidence and comparisons to judicial reasoning in the United States. It is the first empirical research providing a systematic review of all …
Truth And Justice Vs. The Integrity Of The Family Unit: Family Members' Testimonies From A Comparative And Normative Viewpoint,
2020
Netanya Academic College
Truth And Justice Vs. The Integrity Of The Family Unit: Family Members' Testimonies From A Comparative And Normative Viewpoint, Dr. Guy Ben-David
Georgia Journal of International & Comparative Law
No abstract provided.
Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman,
2020
Seton Hall University School of Law
Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares
Chicago-Kent Law Review
No abstract provided.
Classifying Systems Of Constitutional Review: A Context-Specific Analysis,
2020
Indiana University Maurer School of Law
Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan
Indiana Journal of Constitutional Design
Modern constitutional drafters and advisors increasingly use judicial review classifications and the current model for classification does not accurately capture constitutional review in Latin America. This paper proposes context-specific classification that can accurately capture constitutional review in the Latin American region. Specifically, this paper argues that the context-specific analysis suggests that the more salient point of classification in Latin America is that of access mechanisms to constitutional courts. As such, the paper proceeds in four parts: Part I examines the traditional model of classification in Europe and focuses on the Spanish and German direct access mechanisms. Part II explores the …
Judicial Independence And The Budget: A Taxonomy Of Judicial Budgeting Mechanisms,
2020
Indiana University Maurer School of Law
Judicial Independence And The Budget: A Taxonomy Of Judicial Budgeting Mechanisms, Alexander Rosselli
Indiana Journal of Constitutional Design
This Paper addresses three aspects of judicial budgeting. First, it will identify the four broad families of constitutional provisions that consider the judicial budget. While the majority of procedures and requirements that govern judicial budgeting are found in statues, many nations’ constitutions explicitly address judicial salaries. Other constitutions only broadly address judicial budgeting. Second, we will analyze different approaches to judicial councils. Third, this Paper will address several different approaches to the judicial budgeting process. This includes how the judiciary’s budget is proposed, as well as how it is allocated and managed. Finally, this Paper will touch upon the tension …
Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape,
2020
William & Mary Law School
Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah
William & Mary Journal of Race, Gender, and Social Justice
While mass wartime rape has become a core characteristic of modern armed conflict, transitional justice mechanisms have continuously failed to bring about successful achievement of justice, reconciliation, and truth for female survivors. The abuse, exile, and humiliation of large numbers of female rape survivors by their families and communities leaves entire societies destabilized and susceptible to prolonged instability and state failure, thus obstructing attempts by transitional justice mechanisms to usher in long-lasting peace and stability. To achieve more successful post-conflict reconstruction, transitional justice mechanisms situated in the aftermath of wars marked by mass rape must first focus on the reintegration …
How To Establish Labor Protection Standards For Kenyan Local Workers In Chinese Multinational Corporations,
2020
University of Washington School of Law
How To Establish Labor Protection Standards For Kenyan Local Workers In Chinese Multinational Corporations, Qun Zhao
Washington International Law Journal
China has increased investment into Kenya since it proposed the Belt and Road Initiative. Many Chinese State-Owned-Enterprises (“SOEs”) and private companies have established their presence in Kenya; most of them engage in labor-intensive industries like infrastructure building or manufacturing. Labor-intensive work requires companies to hire many local workers, which gives rise to labor conflicts between Chinese employers and Kenyan employees. Major conflicts between the two parties stem from several factors including informal hiring, wrongful termination, and tense relations with Kenyan labor unions. This article suggests that Chinese companies in Kenya should comply with Kenyan labor law to resolve labor issues …
People's Movements As A Strand Of Popular Constitutionalism: Driving Forces, Distinctive Features, And Dilemmas,
2020
University of Washington School of Law
People's Movements As A Strand Of Popular Constitutionalism: Driving Forces, Distinctive Features, And Dilemmas, Binendri Perera
Washington International Law Journal
Constitutional democracies claim themselves to be constructed upon the will of the people. As the agency gap between the rulers and the ruled widens, people are increasingly more frustrated and compelled to actively take a stand. Advances of technology and social mobilization give increasing opportunities for the people to directly express their will and call for accountability from their representatives. Against this backdrop, this paper engages in a comparative analysis of people’s movements that happened and are continuing to take place in South Korea, Sri Lanka, Venezuela and Algeria. Based on the analysis, the paper maps out the common weaknesses …
Business Trusts In China: A Reality Check,
2020
University of Hong Kong
Business Trusts In China: A Reality Check, Lusina Ho
University of Cincinnati Law Review
No abstract provided.
The Rise Of Business Trusts In Sustainable Neo-Innovative Economies,
2020
University of Florida Levin College of Law
The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner
University of Cincinnati Law Review
No abstract provided.
Corporate Social Responsibility, Casino Capitalism, And The Constitution Of Macau,
2020
Barry University School of Law
Corporate Social Responsibility, Casino Capitalism, And The Constitution Of Macau, Jason Buhi
Faculty Scholarship
No abstract provided.
America's New Covenant With Hong Kong: The Hong Kong Human Rights And Democracy Act Of 2019,
2020
Barry University School of Law
America's New Covenant With Hong Kong: The Hong Kong Human Rights And Democracy Act Of 2019, Jason Buhi
Faculty Scholarship
No abstract provided.
