Constitutional Law Commons^™

Bisnis Dan Hak Asasi Manusia Di Indonesia: Membangun Konteks Dengan Lensa Pencegahan Kekejaman Massal, Harison Citrawan

Jurnal Hukum & Pembangunan

Some efforts to contextualize the United Nations Guiding Principles on Business and Human Rights in Indonesia have been dominated by normative compliance review on the existing national regulations to the norms enshrined under the Principles. This article shall be divided into three parts, commencing from a brief socio-historical description on the landscape of law and development in Indonesia; along with how law and human rights adapted towards the relation between state and corporation since the colonial era. The analysis shall proceed to the types of human rights violation as a result of corporations activities, specifically in natural resource extraction sector. …

Status Kepemilikan Dan Pemanfaatan Tanah Grondkaart Di Stasiun Depok Baru, Lenteng Agung, Dan Tanjung Barat, Sulistiowati Sulistiowati, Nurhasan Ismail, Taufiq El Rahman

Jurnal Hukum & Pembangunan

The disputes over land ownership and utilization of Grondkaart for Railway activities between the government and PT KAI should not have occurred due to both having the same vested interest for the state. However, the reality shown that land ownership dan agreement status on land use with the third party. Through the qualitative analysis, the research findings: First, land originating from Grondkaart at the location still belongs to the goverment due to the land still holding the status of the right to use or Hak Pakai during the course of the time the land used by the Government and the …

Perizinan Terhadap Adaptasi Bangunan Warisan Budaya Tjan Bian Thiong Di Kota Yogyakarta, M. G. Endang Sumiarni, Y. Sri Pudyatmoko, Yustina Niken Sharaningtyas

Jurnal Hukum & Pembangunan

This study aims to find out and examine licensing for the adaptation of the Bian Thiong Tjan Cultural Heritage Building in the city of Yogyakarta as well as to assess the background of permits granted even though the adaptation of buildings is contrary to the basic principles of preservation of Cultural Heritage Buildings. The results of the study were permits for the adaptation of the Bian Thiong Tjan Cultural Heritage Building in the city of Yogyakarta, not a permit to adapt but to apply for a building permit to establish a new building in the form of a hotel.

Rekonstruksi Sistem Peradilan Pidana Korupsi Dalam Rangka Menunjang Pembangunan Nasional, Maroni Maroni, Rini Fathonah, Nenny Dwi Ariani, Mashuril Anwar

Jurnal Hukum & Pembangunan

The extent of the working area of the Regional District Court is equal to the provincial administration area consisting of Regency/city, while its position is in the provincial capital. This condition raises the legal gap in the eradication of corruption crimes, because on the one hand so the extent of the working area of the Court of Tipikor, causing many things corruption to be held, on the side will also require a large cost and a lot of judges power, and ideally will take a long time in the process of examination of a case. The study used qualitative research …

Perlindungan Data Pribadi Penerima Pinjaman Dalam Transaksi Pinjam Meminjam Uang Berbasis Teknologi Informasi (Peer To Peer Lending), Hendrawan Agusta

Jurnal Hukum & Pembangunan

The development of information technology is very rapid, the collaboration between information technology and various fields of life bring in to various kinds of innovations that make peoples lives easier. Innovations in information technology bring in to new business models which in turn can produce efficiency for the community. The information technology revolution continues to grow and now entering the financial sector which is highly regulated. Collaboration between information technology and finance bring in to Financial Technology (Fintech), which is information technology-based money-lending (Peer to Peer Lending/P2P Lending). It is easier for people to access their financial needs through P2P …

Parental Responsibility Of Children Crime In Indonesian Criminal Adat Law, Ahmad Irzal Fardiansyah, Sigid Suseno, Mien Rukmini, Lies Sulistiani

Jurnal Hukum & Pembangunan

Children who are in conflict with the law cannot be separated from the responsibilities of parents as the first party in the childs environment. The relationship between parents and children is a harmonized relationship from a strong emotional connection on the basis of blood relations. This situation makes parents unable to release and be released responsibility for their childrens behavior. When children are faced with the law, policies to take over the responsibility of supervising children from parents, by denying that parents actually have the opportunity to deal with the problems of children who are dealing with the law are …

Pemanfaatan Teknologi Cloud Computing Dalam Reformasi Birokrasi Guna Mewujudkan Kejaksaan Yang Profesional, Komunikatif Dan Akuntabel, Rudi Pradisetia Sudirdja

Jurnal Hukum & Pembangunan

Cloud computing is so populer and it has become a hot word in the tech world, especially in the era of industrial revolution 4.0 which requires speed, accuracy and precision in the business process. Cloud computing is a combination of the use of computer technology (computing) and Internet-based development (cloud), resulting in a model of processing activities, storage, software and other services provided as an integrated virtual source on an internet network. This paper examines the use of cloud computing in the implementation of bureaucratic reforms, improving the quality of prosecutors professionalism, and providing communicative and accountable public prosecutors. The …

Upah Proses Dalam Pemutusan Hubungan Kerja, Fitriana Gunadi

Jurnal Hukum & Pembangunan

Wages is one of the elements in the employment relationship between an employer and a worker/employee based on the employment agreement. In accordance with the fundamental principle that is basically applicable to every workers/employees, wages will not be paid by employers if the workers/employees do not perform work (no work no pay). However in its development, there is an issue in the application of such principle since the ruling of the Decision of the Constitutional Court of Republic of Indonesia, which obliges employers to pay the wages to workers/employees who do not work because they are in the process of …

Sistem Manajemen Mutu Pltn Dari Perspektif Regulasi Di Indonesia Dan Standar Yang Berlaku, Fery Putrawan Cusmanri

Jurnal Hukum & Pembangunan

Investment in the construction of nuclear power plants is an interesting investment. This is indicated by the emergence of investment plans for the construction of nuclear power plants in Indonesia. Communities and industries that make electricity a primary need will certainly welcome the potential energy offered by nuclear power plants. However, on the other hand the quality of NPP energy services must of course be maximized. This paper was made to provide a brief description of the management system requirements that need to be met by the NPP permit applicant along with additional best practices from the ISO 9001: 2015 …

Delik Politik Dalam Hukum Pidana Indonesia, David Hardiago

Jurnal Hukum & Pembangunan

According to Indonesian penal law, an act is considered to be a criminal act based on the principle of legality. Problem arise when political crime is associated with the principle of legality, that said problem is related to the definition of political crime that is not stipulated in any of statutory provisions and/or regulations in Indonesia. This legal research aims to answer two legal problems raised by the Author, those are: Firstly, to determine the parameter of political crime in Indonesia. Secondly, to elaborate on the projection on how political crime should be stipulated in the future. The research in …

The Transparency Principle In Regional Development Banks To Implement Good Corporate Governance: A Case Study On Pt Bank Pembangunan Daerah Jawa Timur Tbk, Citranella Ramadhani Yuwana, Yetty Komalasari Dewi

Jurnal Hukum & Pembangunan

This paper discusses the obligation of Regional Development Bank (RDB) as a Regionally-Owned Enterprises (ROE) to implement Good Corporate Governance (GCG). In particular, this paper analyzes the forms of transparency principle in RDB, specifically in PT Bank Pembangunan Daerah Jawa Timur Tbk (Bank Jatim) according to existing regulations. By using legal normative method, this paper concludes that the forms of transparency principle on RDB is divided into three parts, namely preparing reports, publishing them, and ensuring that they are publicly accessible. There are at least 8 (eight) forms of transparency principle implementation, namely monthly publication report, quarterly publication report, annual …

Problematika Pengaturan Mengenai Bentuk Badan Usaha Jasa Penunjang Tenaga Listrik Di Indonesia, Vioxcy Ananta Putra, Eny Sulistyowati, Muh Ali Masnun

Jurnal Hukum & Pembangunan

Legal development electricity growing rapidly as evidenced by the amount of law and regulations produced by both legislative and executive that govern all aspects about electricity that resulting in regulatory inflation in electricity law. The consequences of regulatory inflation in electricity law is the potential for legal unsynchronization between law and regulations in electricity sector. One of the potential for legal unsynchronization in the electricity sector is the regulation regarding the scope and form of business entities supporting electricity power in Law of the Republic of Indonesia Number 30 of 2009 on Electricity, Regulation of the Goverment of the Republic …

Interpretasi Konstitusi Dalam Pengujian Konstitusionalitas Untuk Mewujudkan The Living Constitution, Fakhris Lutfianto Hapsoro, Ismail Ismail

Jurnal Hukum & Pembangunan

The constitutional authority granted to the Constitutional Court by Article 24C paragraph (1) in the third amendment to the 1945 Constitution in the test of constitutional law against the constitution provides automatically over authority in giving the interpretation of the 1945 Constitution to the Constitutional Court. Associated with the interpretation of the constitution, then a constitution is not only considered to be a documented constitution but can be transformed into the living constitution. In practice in Indonesia, it can be found the decisions of the Constitutional Court who use constitutional interpretation to assess the constitutionality of a norm as in …

Karakteristik Pertanggungjawaban Kepala Daerah Dalam Penyelenggaraan Pemerintahan Daerah Menurut Sistem Pemerintahan Presidensial, Bachrul Amiq

Jurnal Hukum & Pembangunan

Since the beginning of the formation of the constitution for an independent Indonesia by the founders of the state, the state government system adopted is a presidential system. After the amendment to the 1945 Constitution, the perpetrators of the changes, namely the Peoples Consultative Assembly (MPR) wanted to emphasize that the 1945 Constitution of the Republic of Indonesia adhered to a pure presidential system by upholding the supremacy of the constitution, so that the executive as government administrator was responsible to the constitution. This must be in line with the implementation of local government. However, it is not explained what …

Peran Pemerintah Dalam Menginventarisasi Ekspresi Budaya Tradisional Indonesia, Andhika Putra Herzani

Jurnal Hukum & Pembangunan

The development of an increasingly advanced era, the expression of traditional culture (EBT) is vulnerable to exploitation by other parties due to the lack of awareness of the importance of the assets of intellectual works and is not well documented or documented EBT. Inventory is one of the Defensive Protection steps, a step taken by building an accurate database and inventory, registration or recording that must be played by the State. Preventive protection needs to be recorded or an inventory of Indonesias traditional culture to prevent cases of cultural claim by other countries which would certainly harm the Indonesian nation …

The Jones Trespass Doctrine And The Need For A Reasonable Solution To Unreasonable Protection, Geoffrey Corn

Arkansas Law Review

Each day that Houston drivers exit from Interstate 45 to drive to downtown Houston, they pass an odd sight. Nestled within some bushes is an encampment of tents. This encampment is very clearly located on public property adjacent to the interstate highway, and equally clearly populated by homeless individuals. While local police ostensibly tolerate this presence, at least temporarily, the sight frequently evokes an image in my mind of a police search of those tents. This thought is especially prominent on the days I am driving to my law school, South Texas College of Law Houston, to teach my federal …

Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental, & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing …

Finding A New Home For The Abortion Right Under The Ninth Amendment, Allison N. Kruschke

ConLawNOW

This essay advocates locating the foundation of the constitutional right to an abortion in the Ninth Amendment. Using the Ninth Amendment to recognize the right to an abortion, this article argues, is a better path than using the Fourteenth Amendment because it takes the determination of whether an abortion is a protected right outside the moral realm. The analysis under the Fourteenth Amendment of whether a right is “deeply rooted in the tradition” of the United States inevitably stirs a debate about whether the public considers abortion morally acceptable. In recognizing the right to an abortion under the Ninth Amendment, …

Police Body Cameras: Go Big Or Go Home?, Ronald J. Coleman

Buffalo Law Review

Police body-worn cameras have proliferated since the deaths of Michael Brown and Eric Garner, and the recent George Floyd-related protests seem set to continue or even accelerate that trend. Indeed, in her recent Nieves v. Bartlett dissent, Justice Sotomayor took time to note that many departments equip their police officers with body cameras. Body camera advocates have touted the cameras’ benefits, such as decreasing misconduct, reducing complaints, and improving accountability. At the same time, serious concerns have been raised regarding the impact of these cameras on privacy, public resources, and fairness. Despite the increased interest in body cameras, important empirical …