Perilaku Ramah Air Dalam Perspektif Hukum(Studi Peraturan Daerah Dki Jakarta Dan Kota Depok Terkait Sumber Daya Air),
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,
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,
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,
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,
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,
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,
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,
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,
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 …
Forms Of International Legal And Organizational Interaction In The Field Of Counteraction Illicit Drug Trafficking, Psychotropic Substances And Precursors,
2021
Customs Institute
Forms Of International Legal And Organizational Interaction In The Field Of Counteraction Illicit Drug Trafficking, Psychotropic Substances And Precursors, Musaev Djamaliddin Kamalovich
ProAcademy
The author raises the problem of international cooperation of states in the field of illicit trafficking in narcotic drugs and psychotropic substances. References are given to the main conventions related to this problem, signed in different years. The mechanisms of adoption and the form of practical application of these conventions are disclosed, as well as an analysis of the situation in the world in relation to drug trafficking is given, options for resolving the problem by strengthening the international system for controlling drug trafficking are proposed. A comprehensive analysis of international cooperation on legal and organizational approaches to combating the …
Intelligence Sharing In Multinational Military Operations And Complicity Under International Law,
2021
U.S. Naval War College
Intelligence Sharing In Multinational Military Operations And Complicity Under International Law, Marko Milanovic
International Law Studies
This article examines the international legal framework applicable to intelligence sharing in multinational military operations, with a particular focus on complicity scenarios. It first provides a theoretical overview of the role of fault in complicity, of how intent and knowledge can be conceptualized, and of the attribution of fault to States. It then looks in detail at the rule codified in Article 16 of the International Law Commission’s Articles on State Responsibility, and argues that this rule is best understood as employing multiple modes of fault (direct and indirect intent and wilful blindness). The article also argues that international humanitarian …
Police Use Of Force Laws In Texas,
2021
Saint Mary's University of San Antonio
Police Use Of Force Laws In Texas, Gerald S. Reamey
St. Mary's Law Journal
Abstract forthcoming.
Factors Associated With Police Shooting Mortality: A Focus On Race And A Plea For More Comprehensive Data,
2021
Rowan University
Factors Associated With Police Shooting Mortality: A Focus On Race And A Plea For More Comprehensive Data, Justin Nix, John Shjarback
College of Humanities and Social Sciences Departmental Research
Objectives. To quantify nonfatal injurious police shootings of people and examine the factors associated with victim mortality. Methods. We gathered victim-level data on fatal and nonfatal injurious police shootings from four states that have such information publicly available: Florida (2009-14), Colorado (2010-19), Texas (2015-19), and California (2016-19). For each state, we examined bivariate associations between mortality and race/ethnicity, gender, age, weapon, and access to trauma care. We also estimated logistic regression models predicting victim mortality in each state. Results. Forty-five percent of these police shooting victims (N=1,322) did not die. Black-white disparities were more pronounced in nonfatal injurious police shootings …
Sexual Assault Enablers, Institutional Complicity, And The Crime Of Omission,
2021
University of Utah, S.J. Quinney College of Law
Sexual Assault Enablers, Institutional Complicity, And The Crime Of Omission, Amos N. Guiora
Utah Law Faculty Scholarship
Sex abuse, particularly of children, is a crime which any rational person would wish to prevent. However, when an individual’s loyalties and responsibilities to an institution put them at odds with preventing sex abuse, it is far too often the institution which takes precedence. This is the grim phenomenon of institutional complicity. It is a plague which, sadly, permeates institutions of all types, be it a school, hospital, sports team, church, military, or government agency. It also permeates countries as a global issue.
I have interviewed dozens of survivors who suffered under an abuser who was protected by an institution. …
Rethinking Immigration Enforcement,
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 …
Victims’ Rights Moving Forward After The Epstein Case,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
Victims’ Rights Moving Forward After The Epstein Case, Jessica Phipps
Nevada Law Journal
No abstract provided.
Call For Action: Provinces And Territories Must Protect Our Genetic Information,
2021
Schulich School of Law, Dalhousie University
Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy
Dalhousie Law Journal
The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments. We …
Why Disability Studies In Criminal Law And Procedure?,
2021
Northwestern University Pritzker School of Law
Why Disability Studies In Criminal Law And Procedure?, Jamelia N. Morgan
Journal of Legal Education
No abstract provided.
R. C. Bissonnette And The (Un)Constitutionality Of Consecutive Periods Of Parole Ineligibility For A Life Sentence: Why The Qcca Got It Right And Why Section 745.51 Should Never Be Re-Written,
2021
Dalhousie University Schulich School of Law
R. C. Bissonnette And The (Un)Constitutionality Of Consecutive Periods Of Parole Ineligibility For A Life Sentence: Why The Qcca Got It Right And Why Section 745.51 Should Never Be Re-Written, Adelina Iftene
Articles, Book Chapters, & Popular Press
This article reviews the constitutional arguments upheld by the QCCA in Bissonnette and weighs them against the challenges that trial judges have encountered in applying s. 745.51 since 2012. By drawing on a qualitative review of cases in which s. 745.51 has been applied, as well as Charter principles, sentencing case law, and international practices, this article posits that the QCCA was correct in its approach to s. 745.51, both in finding it unconstitutional and in finding that the provision should not be read down to render it constitutional. This article advances the central argument that, in the context of …
A Dose Of Dignity : Equitable Vaccination Policies For Incarcerated People And Correctional Staff During The Covid-19 Pandemic,
2021
Villanova University Charles Widger School of Law
A Dose Of Dignity : Equitable Vaccination Policies For Incarcerated People And Correctional Staff During The Covid-19 Pandemic, Itay Ravid, Jordan M. Hyatt, Steven L. Chanenson
Faculty Publications
Since its emergence in early 2020, the COVID-19 pandemic has altered the lives of millions of Americans. As it so often is during times of crisis, our most vulnerable communities have disproportionately suffered and were overlooked. Among these myriad communities, incarcerated people became a particularly potent symbol of our failure to handle the spread of the virus. In December 2020, a beacon of hope emerged with the introduction of new cutting-edge vaccines which promised to bring the world back to where it was just a year-and-a-half ago. Here again, however, policy and politics have led states to adopt different distribution …
