Morality in Media & National Center on Sexual Exploitation
San Jose State University
University of Baltimore School of Law
DePaul University
Notre Dame Law School
University of Nevada, Las Vegas -- William S. Boyd School of Law
University of Michigan Law School
Cornell Law School
CUNY John Jay College
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer,
2023
Washington and Lee University School of Law
Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer, David I. Bruck
Washington and Lee Journal of Civil Rights and Social Justice
This talk was given by Professor David Bruck for the Frances Lewis Law Center at Washington and Lee University School of Law, April, 2002. It is a follow-up to “Does the Death Penalty Matter?,” given by Professor Bruck as the 1990 Ralph E. Shikes Lecture at Harvard Law School.
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options,
2023
rbonnie@virginia.edu
Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options, Richard J. Bonnie
Washington and Lee Journal of Civil Rights and Social Justice
In 2003, the American Bar Association established a Task Force on Mental Disability and the Death Penalty to further specify and implement the Supreme Court’s ruling banning execution of persons with intellectual disability and to consider an analogous ban against imposing the death penalty on defendants with severe mental disorders. The Task Force established formal links with the American Psychological Association, the American Psychiatric Association, and the National Alliance on Mental Illness and the final report was approved by the ABA and the participating organizations in 2005 and 2006. This brief article focuses primarily on diminished responsibility at the time …
Crying Wolves, Paper Tigers, And Busy Beavers—Oh My!: A New Approach To Pro Se Prisoner Litigation,
2023
University of Arkansas, Fayetteville
Crying Wolves, Paper Tigers, And Busy Beavers—Oh My!: A New Approach To Pro Se Prisoner Litigation, Justin C. Van Orsdol
Arkansas Law Review
To say that the United States is infatuated with incarceration would be a gross understatement. As a result of “tough on-crime” laws, the United States has “the largest prison population in the world, with more than 2.3 million persons behind bars on any given day” and it “also has the world’s highest per capita rate of incarceration” with a rate that is “five to ten times higher than those of other industrialized democracies like England and Wales . . . . Canada . . . , and Sweden.” Due in part to prison population increases, the conditions of U.S. prisons …
Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia,
2023
Universitas Indonesia
Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Representative offices are present in Indonesia in order to meet the needs of global economic growth in all countries. Multinational companies expand their business to other countries through relocation policies. The aim is none other than an effort to reduce production costs through a number of comparative advantages possessed by Indonesia as well as seizing such a large market for these products, and through this way multinational companies benefit. The presence of representative offices in Indonesia is regulated by Presidential Decree Number 90 of 2000 concerning Representative Offices of Foreign Companies. Through the Presidential Decree, the government limits the scope …
Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance,
2023
Universitas Indonesia
Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Transfer Pricing refers to pricing transaction within and between enterprises situated in different countries and belong to the same multinational group. Cross-border transaction inevitably affects international taxation, especially when multinational enterprises encounter two or more countries that apply different tax collection systems. Consequently, a Tax Treaty (Perjanjian Penghindaran Pajak Berganda/P3B) is made to resolve issues involving double taxation. However, since the Tax Treaty’s benefits vary by country, the investors or companies tend to abuse the agreement in order to gain the most profitable benefits or incentives. Abusing the benefits of Tax Treaty (P3B) could be categorized as an act against …
Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura,
2023
Universitas Indonesia
Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura, Muhammad Salman Al Farisi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Amendments to Law No. 4 of 2009 became Law No. 4 of 2009 withdrawing almost all local government authority into central authority. Leaving room for delegation of some of the authority of the Central Government to provincial regional governments for the issuance of IPR and SIPB, even district-city governments no longer have space for authority over coal mineral mining matters. the authority of provincial or district/city regional governments in mining affairs, is a concurrent matter which in its handling involves the central government and regional governments, withdraws most of the authority and does not involve regional governments, of course it …
Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual,
2023
Universitas Indonesia
Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual, Siti Sharhana Drajat
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Sexual violence in Indonesia has caused a public’s worry. The bill on the elimination of sexual violence (RUU PKS) is considered very important to be passed. Purpose of this article is to analyze the suitability of the principles in the RUU PKS with Indonesian act of Formulation of Laws and Regulation Number 12 of 2011 (UU P3). The method used in writing this article uses the normative legal research. Results of this study are formal principles in the anti sexual violence bill is appropriate with the UU P3 except the principle of openness. Likewise with the material principles in the …
Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan,
2023
Universitas Indonesia
Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan, Siti Rahmah Sari Ramadhani
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Law Number 37 of 2004 (UUK-PKPU) is a refinement of the old bankruptcy regulation of Faillissementsverordening (Fv) and Law Number 4 of 1998 (UUK). Completion is done in order to meet the needs and solve problems that arise in connection with bankruptcy. However, despite the changes and improvements to the regulation, there are still problems that arise, especially in accelerating the timing of debt collection (acceleration). In the UKK and Fv acceleration is not regulated normatively. So the judge has the discretion to make the discovery of the law differently in each case. In UUK-PKPU acceleration found in the explanation …
Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang,
2023
Universitas Indonesia
Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang, Siti Fatimah Citra Nurislamiati
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This paper discusses the application of pre-emptive rights over tax debt collection in bankruptcy disputes regulated in Article 41 paragraph (3) of Law Number 37 of 2004 concerning the Bankruptcy and Deferral of Debt Payment Obligations displayed by the Directorate General of Taxes. Tax debts outside the bankruptcy process for compulsory taxes are being filed for bankruptcy by requesting the Commercial Court to return all tax liabilities that would harm the interests of the country. In the event that a taxpayer has been declared bankrupt, the Directorate General of Taxes still has the right to overtake and is privileged, requesting …
Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia,
2023
Universitas Indonesia
Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia, Siti Aminah
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The purpose of this paper is to find out and analyze the position of Indirect evidence used by KPPU in the completion of cartel practices in Indonesia and to analyze indirect evidence in terms of systems of verification in Indonesia. The research method used in this writing is a method of legal research that is prescriptive. The position of Indirect Evidence or evidence in the process of evidence can be accepted as evidence in proof of a cartel case and is evidence that must support the occurrence of alleged cartel practices in terms of price fixing and this indirect evidence …
Tinjauan Resi Gudang Sebagai Lembaga Jaminan,
2023
Universitas Indonesia
Tinjauan Resi Gudang Sebagai Lembaga Jaminan, Savitri Islamiana Putri
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Warehouse Receipt System is expected as a solution to overcome the fall in commodity Warehouse Receipt System is expected as a solution to overcome the fall in commodity prices at harvest by storing farmers' harvests in the warehouse. The building manager will issue a Warehouse Receipt as proof of ownership of the goods stored as collateral for the debt that can be transferred by the inventory collateral. Therefore, the government Act No. 9 of 2011 concerning Amendment to Law No. 9 of 2006 concerning the Warehouse Receipt System (SRG Law). This research seeks to answer can the warehouse receipt provisions …
Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X),
2023
Universitas Indonesia
Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X), Salsabila Putrianda
"Dharmasisya” Jurnal Program Magister Hukum FHUI
With the present development of technology and the internet, everything has been made easier. One sector that is affected by the development of information and communication technology is Banking, an economic sub-sector that mobilizes public funds. Behind the convenience obtained from the use of Internet Banking, there are also risks that can be used in the use of this service, among others, many violations of law regarding personal data via the Internet and also regarding financial risks suffered by bank customers in the use of Internet Banking The IT criminals cause the Banking industry to be able to prepare security …
Dampak Ketiadaan Perda Penetapan Ukl/Upl Pada Kepastian Hukum Dalam Pelaksanaan Desentralisasi Di Bidang Lingkungan Hidup,
2023
Universitas Indonesia
Dampak Ketiadaan Perda Penetapan Ukl/Upl Pada Kepastian Hukum Dalam Pelaksanaan Desentralisasi Di Bidang Lingkungan Hidup, Puteri Amirillis
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The case of mangrove damage on the South Coast of West Sumatra in 2016-2017 where the defendant was a Deputy Regent who owned land in the Nagari Mandeh area, Pesisir Selatan, West Sumatra. The land was built without an environmental permit. The absence of an environmental permit has emerged because of the mangrove damage. This paper focuses on the absence of environmental permits because there is no stipulation on the types of businesses that are required to have UKL / UPL which should be stipulated by a regional regulation (Perda) by the Regional Government of the Pesisir Selatan Regency. This …
Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah,
2023
Universitas Indonesia
Penegakan Hukum Lingkungan Hidup Oleh Pemerintah Daerah Dalam Kerangka Otonomi Daerah, Prahesti Sekar Kumandhani
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Environmental law enforcement by regional governments in the context of regional autonomy is an important part of realizing quality environmental protection and management through the formation of regional legal policies. Regional legal policies regarding the protection and management of life-based on statutory regulations at the central level also influence the functioning of environmental law enforcement in the regions. This article aims to review the pattern of environmental law enforcement based on the Law on Environmental Protection and Management, the Regional Government Law, and the Job Creation Act, and discusses the relationship between the functioning of environmental law enforcement in the …
Disharmonis Penyelenggaraaan Sistem Jaminan Sosial Nasional Bagi Aparatur Sipil Negara Di Indonesia,
2023
Universitas Indonesia
Disharmonis Penyelenggaraaan Sistem Jaminan Sosial Nasional Bagi Aparatur Sipil Negara Di Indonesia, Prima Anindya Kartika
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Social security system is made to actualize prosperity, welfare, and justice to Indonesian society. When Law No. 24 Year 2011 published, the existence of social security system cause discrimination, especially for government employee, because the healthcare security is merged. Moreover, the other insurance is also going to be merged with other sector such as private sector, businessman or investor, even an unemployment. It is stated in Article 65 Law No. 24 Year 2011, that PT ASABRI and PT TASPEN (PERSERO) which is now manage the pensions and retirement benefits of military and civil servants the transfer the program of Insurance …
Kausalitas Penegakan Hukum Tindak Pidana Korupsi Terhadap Stabilitas Keuangan Negara,
2023
Universitas Indonesia
Kausalitas Penegakan Hukum Tindak Pidana Korupsi Terhadap Stabilitas Keuangan Negara, Nur Ghenasyarifa Albany Tanjung
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Corruption is an extraordinary crime because it touches various lines of life. One of the fundamental elements in corruption is the loss of the country's economy and finance. So far, various efforts have been made for criminal law enforcement, through various criminal sanctions, as well as the existence of an independent institution specifically tasked with conducting criminal law enforcement. However, corruption continues to be massive in Indonesia, which will also affect state losses. This article will discuss the causality of law enforcement on corruption against state financial stability. There is a causality between law enforcement of criminal acts which has …
Perlindungan Bagi Umkm Terhadap Persaingan Usaha Tidak Sehat,
2023
Universitas Indonesia
Perlindungan Bagi Umkm Terhadap Persaingan Usaha Tidak Sehat, Nadia Feby Artharini
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This journal discusses the protection of Micro, Small and Medium Enterprises (MSMEs) against unfair business competition. This research uses literature study on secondary data. The result of the research is the identification of regulations regarding unfair business competition, especially for MSMEs. Regarding the protection for Micro, Small and Medium Enterprises or MSMEs against unfair business competition, there are several aspects, namely the reasons why protection for Micro, Small and Medium Enterprises or MSMEs should be held against unfair business competition and the form of protection provided by the KPPU to MSMEs in unfair business competition.
Keywords: UMKM, protection, unfair business …
Analisis Sistem Pemilihan Umum Noken Di Provinsi Papua Dalam Prinsip Demokrasi Dan Sistem Hukum Nasional,
2023
Universitas Indonesia
Analisis Sistem Pemilihan Umum Noken Di Provinsi Papua Dalam Prinsip Demokrasi Dan Sistem Hukum Nasional, Muhammad Malikul Lubbi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Nokensis the name of a typical Papua bag. But in matters of elections or local elections, noken is a system. There are two patterns used in this system. The first pattern, the choice of votes of all members of the tribe, is represented by the respective chiefs. The second pattern, noken functions as a substitute for the ballot box. Where the voters' ballot papers are put in noken are hung according to the number of parties or pairs of candidates. This practice has received sharp criticism from many parties since it was implemented separately in a number of districts. The …
Penanganan Situs Internet Bermuatan Negatif Menurut Undang Undang Nomor 11 Tahun 2008 Dan Peraturan Menteri Komunikasi Dan Informasi Nomor 19 Tahun 2014,
2023
Universitas Indonesia
Penanganan Situs Internet Bermuatan Negatif Menurut Undang Undang Nomor 11 Tahun 2008 Dan Peraturan Menteri Komunikasi Dan Informasi Nomor 19 Tahun 2014, Muhammad Farhansyah Hamid
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This paper discuss about the concept of a internet sites that is defined to be negative and how’s the Indonesian law regulates it, and about the mechanism of negative site handling based of peraturan menteri komunikasi dan informasi nomor 19 tahun 2014. Furthermore, it will be discussed about the human rights to have access to the information and how negative content handling related to it. This legal research uses normative juridical approach with secondary data from national, regulations, books, and interview with sources. The result of this research is that content handling is so related to limitation of human rights …
Tugas Dan Wewenang Lembaga Manajemen Kolektif Nasional Berdasarkan Undang-Undang Hak Cipta,
2023
Universitas Indonesia
Tugas Dan Wewenang Lembaga Manajemen Kolektif Nasional Berdasarkan Undang-Undang Hak Cipta, Muhammad Faisal
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Copyright Law No. 28 Year 2014 is bringing hope for the Creator, Copyright Owner, and Related Right Owner because this law regulated about National Collective Management Organization and Collective Management Organization where with those organizations the process of collecting and distributing the Royalti is hoped to be better where finally the Creator, Copyright Owner, and Related Right Owner do not have to think over about their economical right (royalty) and they can more focus on their new works. This writing is discussing the task and authority of the National Collective Management Organization and Collective Management Organization, how to form a …
