Constitutional Law Commons^™

Tinjauan Pengusahaan Air Dalam Pembangunan Plta Menurut Peraturan Perundang-Undangan Tentang Sumber Daya Air, Cerli Febri Ramadani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Changes in regulations regarding water exploitation have occurred in Indonesia and there are many rejections from various parties, namely when the Act No. 7/2004 on Water Resources changed the conception of state control over water resources to management by the private. That is what makes Act No. 7/2004 filed a judicial riview lawsuit to the Constitutional Court, and the end of the COURT's decision to repeal Act No. 7/2004 and re-enact Act No. 11/ 1974 About Watering. Which in Act No. 11/1974 adheres to the principle of joint ventures and family. In 2019 then, the government established a new regulation, …

Pengendalian Peredaran Produk Secara Mandiri Sebagai Instrumen Wajib Dalam Pelaksanaan Tanggung Jawab Sosial Korporasi Rokok: Sebuah Perspektif Sosio-Legal

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The number of smokers and cigarette sales in Indonesia has been increasing every year. In parallel with that, the latent risk faced by society is increased. In the socio-cultural context, the cigarette industry has been transformed into a hegemony whose expansion is unstoppable. The circulation of cigarette products is still become an unresolvable problem. Such problem expands from merely legal issues to the ethical dimension. The corporate social responsibility carried out by the corporation tends to be in favor of promotional motive, or creating false public reputation, which makes its implementation often deviate from its philosophy. Inevitably, the smoking phenomenon …

Sinergitas Satuan Polisi Pamong Praja, Satuan Perlindungan Masyarakat, Dan Kader Siaga Tramtib Dalam Penyelenggaraan Ketenteraman Dan Ketertiban Umum, Arum Adji Wibowo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This article discusses the synergy in the implementation of the public convenience and orderliness. The purpose of this discussion is to introduce a form of people participation in the implementation of the public convenience and orderliness, and to explain how the relationship and also analyze the problems that arise between the Civil Service Police Unit (Satpol PP), the Community Protection Unit (Satlinmas), and the Cadre Siaga Tramtib (KST). To discuss the problems, this article explains the reasons and the background of why Satpol PP involving people participation. In relation to the problems that arise, this article argues that synergizing the …

Perubahan Skema Kerja Sama Pemanfaatan Energi Baru Dan Terbarukan Untuk Penyediaan Tenaga Listrik Menggunakan Tenaga Air, Andi Kurniawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The utilization of clean and sustainable energy is one way to maintain energy resistance in particular electrical energy. Indonesia has a commitment to global plan to reduce the effect of greenhouse gases through the utilization of new and renewable energy. National energy mix targets based on national energy plan which puts priority to maximize the use of at least 23% renewable energy in the year 2025. But in the course of the target is experiencing various obstacles one of them is an investment that is not attractive to developers due to the low price of new energy electricity, as well …

Jangka Waktu Tanggung Jawab Pelaku Usaha Dalam Penyediaan Suku Cadang Berdasarkan Hukum Yang Berlaku Di Indonesia Dan Perbandingannya Dengan Ketentuan Hukum Di Negara Lain, Amelia Saptiana Dewi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Consumer protection is an effort to guarantee legal certainty for consumers related to their rights, as well as for business actors related to their obligations to consumers. The Consumer Protection Law was established to improve the dignity and status of consumers and to ensure that businesses actors are responsible for the goods that they sell. Consumer protection law imposes many obligations that must be fulfilled by business actors, one of which is the obligation to provide spare parts as stipulated in Article 25 of the Consumer Protection Act (CPA). Article 25 paragraph (1) of the CPA states that "Business actors …

Pembubaran Partai Politik Di Indonesia, Ahmad Iskandar Nasution

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The indonesian state in democracy always tries to guarantee the rights of its citizens to freedom of association and assembly. This guarantee of human rights is enshrined in the constitution, Undang-Undang Dasar 1945. The right of association and assembly is a vehicle for establishing a political party. In the dynamics of the state, it is always related to the dynamics of political parties. This political party plays a major role in determining the policy direction and goals of a country. The development of a political party can also shake a country, so the need for restrictions on the establishment …

Penegakan Hukum Dalam Perkara Tindak Pidana Korupsi Suap Menyuap Dan Gratifikasi Di Indonesia, Ahmad Fahd Budi Suryanto

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The regulating efforts regarding corruption is a long process that has been going on since the issuance of Law Number 1 of 1946 concerning Criminal Law Rule on February 26, 1946 which made the legal basis for the change of Wetboek van Strafrecht voor Netherlands Indie to Wetboek van Strafrecht (WvS), which then known as the Criminal Code. Until now, regulations regarding corruption have been amended with the latest changes through Law Number 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Eradication of Corruption and Law Number 7 of 2006 concerning Ratification of the United Nations …

Kewenangan Mahkamah Konstitusi Republik Indonesia Untuk Melakukan Pengujian Peraturan Pemerintah Pengganti Undang-Undang (Studi Kasus Pengujian Perppu Nomor 1 Tahun 2013), Aditya Ilmam Perdhana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Constitutional Court has the authority as stipulated in the Constitution of 1945, one of which is to examine the Law against the Basic Law. In the statutory regulatory system in Indonesia there is a statutory regulation that has the same position and hierarchy as the Law, namely the Government Regulation in Lieu of Law or commonly known as Perppu. The Perppu is a legal product issued by the President on the basis that the state is in a precarious state of force and the Perppu must then be submitted to the House of Representatives (DPR) for later to be …

Pengaruh Hubungan Kekuasaan Antara Pusat Dan Daerah Terhadap Kewenangan Perizinan Pertambangan Mineral Dan Batubara, Adamy Nurdin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The dynamics of regulating the authority of mineral and coal mining licenses between the center goverment and the regions goverment has led to less positive conditions for investment in mining. The latest regulation on regional government is regulated in Law Number 23 of 2014, drawing back the implementation of forestry, maritime affairs, as well as energy and mineral resources from the district/city government to the central government and the province government. This means that the regency/city government is no longer given authority in all matters relating to forestry, marine affairs, as well as energy and mineral resources. That the passage …

Kajian Teori Hukum Mengenai Liberalisasi Perbankan Di Indonesia (Analisa: Teori Hukum Pancasila Dalam Bidang Ekonomi Terhadap Regulasi Mengenai Keberadaan Modal Asing Dalam Perbankan Di Indonesia), Anissa Rizkytia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Indonesian economy has a backbone in the banking sector to drive the wheels of the national economy through its vital function as a financial intermediary. Indonesian banking is held based on economic democracy with the principle of prudence. However, since the 1998 global economic crisis and the impact of globalization which has affected Indonesia, there have been policy changes including regulatory changes in the Indonesian economic sector. This change is also included in the banking sector, where the flow of liberalization is getting stronger. Before the crisis, foreigners who want to invest in banking can buy a bank's shares …

The Fourteenth Amendment And The Heart Of The Constitution, Guy Chet

SLU Law Journal Online

Since the nineteenth century, Americans have worked consistently to liberate their national government from the Constitutional constraints placed on it by Madison and his colleagues. This effort has transformed the United States from a federated republic in which local communities governed themselves into a modern managerial nation-state that is governed from the center. In this article, Dr. Guy Chet argues that the key to this transformation – of the Constitution and of the United States – was the Fourteenth Amendment.

Quantitative Literacy And Guns, William Briggs

Numeracy

Briggs, William. 2017. How America Got Its Guns: A History of the Gun Violence Crisis; (Albuquerque, University of New Mexico Press). 352 pp. Paperback: ISBN 978-0-8263-5813-4. E-book ISBN 978-0-8263-5814-1.

Quantitative literacy and statistics are just two of many disciplines required to understand the problem of gun violence in America. However, it’s also useful to appreciate their limitations in an issue that is so complex.

July 10, 2021: How To Raise A Secular Or A Religious Child, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Raise a Secular or a Religious Child“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas

William & Mary Bill of Rights Journal

Desperate times may breed desperate measures, but when do desperate measures undertaken as a response to an emergency trigger the Fifth Amendment’s requirement that the government provides just compensation when it takes private property for public use? The answer to that question has commonly been posed as a choice between the “police power”—a sovereign government’s power to regulate property’s use in order to further the public health, safety, and welfare—and the eminent domain power, the authority to seize private property for public use with the corresponding requirement to pay compensation. But that should not be the question. After all, emergencies …

Fixing False Truths: Rethinking Truth Assumptions And Free-Expression Rationales In The Networked Era, Jared Schroeder

William & Mary Bill of Rights Journal

The First Amendment makes no mention of truth. Assumptions about truth, however, have become the foundations for free-expression rationales, the very bases for such freedoms in a democratic society. The Supreme Court gradually, over time, wedded Enlightenment assumptions about truth to the marketplace of ideas rationale for free expression. This Article examines, in light of massive, widespread adoption of networked technologies and AI and Supreme Court decisions that have undermined the distinctive role of truth, whether truth should be removed or replaced as a crucial, justifying concept in freedom of expression. The Article examines the marketplace approach’s history and assumptions, …

No Aid, No Agency, Steven K. Green

William & Mary Bill of Rights Journal

Over the past three decades, members of the Supreme Court have demonstrated increasing hostility to the Establishment Clause’s rule against funding religion, first enunciated in 1947. Over the years, the Court has not only narrowed the rule to allow for government aid to flow to religious schools and faith-based charities, it has more recently declared that to enforce that rule may amount to discrimination against religion. This Article argues that a key reason for the decline in the no-aid principle rests on the weakness of the rationale underlying that rule: that funding of religion coerces the conscience of taxpayers. The …

Yes, Allegheny Co. Da Zappala Should Resign Or Be Impeached. No, He Shouldn't Be The Target Of Legal Discipline, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

July 8, 2021: Yes, Da Zappala Should Go But Not By A Legal Ethics Probe, Bruce Ledewitz

Hallowed Secularism

Blog post, “Yes, DA Zappala should go but not by a legal ethics probe“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

July 5, 2021: The Greatest Column Ross Douthat Ever Wrote, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Greatest Column Ross Douthat Ever Wrote“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.