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Alternatif Penyelesaian Sengketa Ekonomi Syariah Melalui Badan Arbitrase Syariah Nasional Dan Lembaga Alternatif Penyelesaian Sengketa Dalam Prospek Perkembangan Ekonomi Syariah Di Indonesia, Baiq Inti Dhena Sinayang

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The increasing number of sharia economic disputes as a result of sharia economic development causes alternative dispute resolution to be an option in resolving sharia disputes. Basyarnas and LAPS-OJK are sharia economic dispute resolution forums outside of litigation. From the results of the research, it is known that the National Basyarnas need to be strengthened against the implications of the unregistered Basyarnas in the LAPS-POJK list after the issuance of POJK No. 61 of 2020 jo. POJK No. 1 of 20014 concerning LAPS in the financial services sector. The mechanism for dispute resolution procedures at Basyarnas starts from the request …

Tinjauan Yuridis Proses Pelelangan Pengusahaan Jalan Tol Gilimanuk-Mengwi Ditinjau Dari Praktik Monopoli Dan Hukum Persaingan Usaha, Artika Purnama Sari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of a series of toll road concession tender processes is the pre-qualification stage in which participants who pass will follow the auction stage by taking a proposal request document. Participants who pass the prequalification in the form of a consortium at least one member of the consortium must have similar experience in toll road PPP projects. The purpose of this paper is to determine the legal aspects of monopolistic practice and business competition law in relation to the tender process for the Gilimanuk-Mengwi toll road concession. This writing uses a normative method by conducting a literature review. The results …

Perlindungan Atas Privasi Konsumen Dalam Layanan Reservasi Tiket Online Dari Pt. Kereta Api Indonesia, Aprilia Susanti

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The significant increase in online activities cannot be separated from the many active internet users who use mobile internet connections to carry out their daily activities, one of which is for the convenience of making ticket reservations at PT. Indonesian Railways (KAI). The purpose of this research is to find out the study of the business law of protecting consumer privacy in the online ticketing service of PT. KAI. Data collection was carried out by means of a literature study of the relationship between laws and regulations in consumer protection and the position of PT. KAI as business actors and …

Perkembangan, Penerapan, Dan Tantangan Hukum Anti-Dumping Di Indonesia Ditinjau Dalam Kerangka Hukum Wto, Anggoro Aji Nugroho

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Anti-dumping is a form of action against price discrimination by importing countries by selling their products below normal values with the aim of competing with local products and potentially causing serious injury to the domestic industry for liked products. Indonesia as a member of the WTO is subject to the provisions of the WTO legal framework including provisions regarding anti-dumping. This research focuses on the development and application of anti-dumping laws based on the WTO in Indonesia as well as the challenges that will be faced by Indonesia in implementing anti-dumping in the future. This research uses qualitative methods, where …

Analisis Pengaturan Pajak Parkir Pada Badan Pengelola Pajak Retribusi Daerah Kabupaten Lampung Utara, Adinda Akhsanal Viqria

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Parking tax is a local tax imposed under the law number 28 of 2009 on local taxes and user charge. The purpose of this study is to analyze the adequacy of the Parking Tax Reception System At the Office of Lampung Utara Regional Tax and Retribution Agency. The method used is descriptive analysis. Data were obtained through field studies. The results of this research is that the System of Parking Tax Admission in Lampung Utara City has been adequate and in accordance with the applicable regulations, namely the Minister of Home Affairs Regulation number 59 at 2007 includes the related …

"Children's Equality Law" In The Age Of Parents' Rights, Catherine E. Smith

Scholarly Articles

In this Article, I will briefly highlight the meager doctrinal landscape for children's equal protection rights. I will then argue that the current family law system, relying on parents to act in the best interest of children to protect them, falls far short in a society built upon group-based hierarchies. Sometimes, parents will not have the political power to act in their children's best interest to intervene to stop their unequal treatment at the hands of state and private actors. In fact, several landmark cases demonstrate that often out of necessity, children's rights play a pivotal role in ensuring our …

By Any Other Name, Shay Elbaum

Law Librarian Scholarship

The use of names to refer to individuals is probably as old as language itself, but many features of naming in the United States are much newer. For the most part, our naming laws and norms derive from England, where the use of surnames, for example, can be traced back to the Norman conquest and did not become a common practice until the 13th or 14th century. The idea of a surname as a family name, permanent and hereditary, is even newer.

The common law method of changing one’s name — simply using a different name, for non-fraudulent purposes — …

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Denormalizing Harm To Migrant Children In The U.S. Immigration System: A Comparative Perspective, Sarah J. Diaz, Oneida Vargas

Children's Legal Rights Journal

No abstract provided.

The Case For The Prohibition Of Corporal Punishment In The U.S., Katie Coyle

Children's Legal Rights Journal

It is undeniable that the United States ("U.S.") has experienced significant social changes within the past 150 years. Social progress has been made regarding issues related to both race and gender. For example, until the 1870s, men were legally entitled to physically chastise their wives. It was just a decade prior to this that slavery had been abolished. At the root of these issues was the notion that women and people of color were not autonomous holders of rights, but rather were "property" that belonged to their owners or partners. Arguably, one area of U.S. civil rights where this concept …

Moral Injury: The Undiagnosed Epidemic Spread Through The Family Policing System And A Call For Abolition, Leyda M. Garcia-Greenawalt

Children's Legal Rights Journal

No abstract provided.

Parenting Prison: How Mass Incarceration Of Parents Affects Child Development, Bridget Boland

Children's Legal Rights Journal

No abstract provided.

"We Can't Hear You": A Call For Right To Counsel For Youth In Care, Leyda Garcia-Greenawalt

Children's Legal Rights Journal

No abstract provided.

Protecting Children's Privacy Rights: A Preventative Measure For Suicide Among Children, Abigail Magat

Children's Legal Rights Journal

Article 16 of the United Nations Convention on the Rights of Child (UNCRC) broadly entitles children to protections of their privacy and reputations. Under the UNCRC, nations have pledged to uphold any protections necessary to protect children against such attacks or interference regarding their honor and reputation. Among the 196 member states of this convention, very few have specific legislation dedicated to protecting children's privacy rights. As the cyberworld has increasingly become heavily accessible to children, so has the notion that their reputation and honor revolve around how they are perceived on the internet. Nevertheless, throughout most member states, privacy …

Organizations Behind Ending The Gun Violence Epidemic, Melissa Spero

Children's Legal Rights Journal

No abstract provided.

Is Florida Ready For The Universal School Choice Bill?, Joseline Vargas

Children's Legal Rights Journal

Educational inequities can affect someone's future; school choice is meant to bridge the gap between those that receive a better education and those unable to receive one due to financial hardships to ensure a better future for students. While in numerous occasions school choice is a student's saving grace from a failed system, regulations must be in place to ensure that the people that are being helped by the law are those who need it, not just want it. Florida, following the school choice movement, has introduced the Universal School Choice Bill, which has now been voted in and signed. …

The Harmful Effects Of Expansive Immunity Protections For Child Abuse Reporters And The Lack Of Justice For Those Who Are Falsely Accused, Kristina Joslin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

The Child Vanishes: Justice Scalia's Approach To The Role Of Psychology In Determining Children's Rights And Responsibilities, Aviva Orenstein

Articles by Maurer Faculty

This Article explores how Justice Antonin Scalia’s hostility to psychology, antipathy to granting children autonomous rights, and dismissiveness of children’s interior lives both affected his jurisprudence and was a natural outgrowth of it. Justice Scalia expressed a skeptical, one might even say hostile, attitude towards psychology and its practitioners. Justice Scalia’s cynicism about the discipline and the therapists who practice it is particularly interesting regarding legal and policy arguments concerning children. His love of tradition and his rigid and unempathetic approach to children clash with modern notions of child psychology. Justice Scalia’s attitude towards psychology helps to explain his jurisprudence, …