Penegakan Hukum Terhadap Dumping Limbah Padat Bahan Berbahaya Beracun (B3) Oleh Para Pelaku Usaha Berdasarkan Pasal 104 Undang-Undang Nomor 32 Tahun 2009,
2023
Universitas Indonesia
Penegakan Hukum Terhadap Dumping Limbah Padat Bahan Berbahaya Beracun (B3) Oleh Para Pelaku Usaha Berdasarkan Pasal 104 Undang-Undang Nomor 32 Tahun 2009, Dewi Sartika Putri
"Dharmasisya” Jurnal Program Magister Hukum FHUI
In carrying out economic development in Indonesia, it has an impact on the widespread damage to the environment which means the rampant living crimes that occur in Indonesia. This development activity contains a risk of pollution and environmental damage. . Lack of supervision of environmental management permits by existing agencies, law enforcement officials who are not maximal in upholding environmental laws and weak criminal sanctions and compensation for business actors who violate them, causing a deterrent effect on business actors who violate them. In addition, business actors who only take advantage and do not care about environmental restoration by neglecting …
Perbandingan Pengaturan Dan Konsep Bentuk Hukum Partnership Di Negara Brunei Darussalam Dengan Indonesia Dikaitkan Dengan Hukum Perdata,
2023
Universitas Indonesia
Perbandingan Pengaturan Dan Konsep Bentuk Hukum Partnership Di Negara Brunei Darussalam Dengan Indonesia Dikaitkan Dengan Hukum Perdata, Dewi Mega Victoria
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This study aims to find out and analyze the comparative legal form of the Partnership in Indonesia as stipulated in the Indonesian Civil Code Book with the State of Brunei Darussalam as stipulated in the Laws of Brunei, Chapter 106 Contracts. There are 5 points that can be examined from the rules in 2 countries relating to the Partnership, namely: Status of Legal Entity, Establishment of Partnership, Organ Partnership, Responsibility and Disbanding the Partnership. This is a reference to renew the Partnership regulations in Indonesia in the future with reference to the state regulation of Brunei Darussalam. This research is …
Penerapan Prinsip Business Judgement Rule Dalam Melaksanakan Kegiatan Perkreditan Dengan Menganut Prinsip Kehati-Hatian Pada Kasus Kejahatan Perbankan Di Indonesia,
2023
Universitas Indonesia
Penerapan Prinsip Business Judgement Rule Dalam Melaksanakan Kegiatan Perkreditan Dengan Menganut Prinsip Kehati-Hatian Pada Kasus Kejahatan Perbankan Di Indonesia, Dewi Maya Br Ginting
"Dharmasisya” Jurnal Program Magister Hukum FHUI
In a more complex and simplistic sense, abuse (abnormal use) of power can be interpreted as a result of the failure of internal control. Within the banking industry itself, the prudential principle is the main benchmark in the formation and maintenance of relations between the Bank and the public. Although Directors and Commissioners bear legal responsibility with their respective portions, there are certain limitations regarding when directors and commissioners cannot be held liable for the risk of decisions or supervisory actions that they have taken. When faced with a case of alleged banking crime, the Panel of Judges can use …
Perlindungan Direksi Terhadap Keputusan Bisnis Melalui Penerapan Prinsip Business Judgement Rules Di Amerika Serikat, Jepang, Dan Indonesia,
2023
Universitas Indonesia
Perlindungan Direksi Terhadap Keputusan Bisnis Melalui Penerapan Prinsip Business Judgement Rules Di Amerika Serikat, Jepang, Dan Indonesia, Desty Sari Wardani
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Board of Directors is required to perform his duty in the best manner under the triad of fiduciary duties: good faith, duty of care, and duty of loyalty. The Business Judgment Rule protects the Company's Board of Directors as a risk taker in the organization, that decisions are made in accordance with law, carried out in good faith, carried out with the right purpose, such decisions have rational grounds, carried out with care as is done by a person who is cautious enough about similar judgments and conducted in a way that’s the best for the company. This journal discusses …
Perlindungan Hukum Pemegang Saham Atas Transaksi Material Pada Pt Sumalindo Lestari Jaya.Tbk Dikaitkan Dengan Prinsip Good Corporate Governance Sesuai Peraturan Pasar Modal Di Indonesia,
2023
Universitas Indonesia
Perlindungan Hukum Pemegang Saham Atas Transaksi Material Pada Pt Sumalindo Lestari Jaya.Tbk Dikaitkan Dengan Prinsip Good Corporate Governance Sesuai Peraturan Pasar Modal Di Indonesia, Cornelia Kristi Deswardhani
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Minority shareholders of PT Sumalindo Lestari Jaya Tbk feel disadvantaged as a result of not holding a GMS for material transactions. The company should be required to hold a GMS as a form of company disclosure to shareholders. Therefore, the purpose of this study is to identify and understand material transactions and legal remedies for minority shareholders in PT Tbk and the application of GCG principles through Bapepam-LK supervision on material transactions at PT Sumalindo Lestari Jaya Tbk. The approach method used in the preparation of this research is the normative juridical method, meaning legal research that examines secondary data …
Pemenuhan Hak Atas Kesehatan Bagi Fakir Miskin Saat Pandemi Covid-19 Di Indonesia,
2023
Kementerian Keuangan RI
Pemenuhan Hak Atas Kesehatan Bagi Fakir Miskin Saat Pandemi Covid-19 Di Indonesia, Bonita Cinintya Putri
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Economy and Social Welfare should not be read and understood as two separate concepts separately. Human rights are rights that humans have solely because they are human. Humanity has it not because it was given to it by society or based on positive law, but solely based on its dignity as a human being. The state's obligation to the right to health is stated in Article 34 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The state as the holder of the obligation to fulfil human rights has the responsibility to comply with these aspects when talking …
Alternatif Penyelesaian Sengketa Ekonomi Syariah Melalui Badan Arbitrase Syariah Nasional Dan Lembaga Alternatif Penyelesaian Sengketa Dalam Prospek Perkembangan Ekonomi Syariah Di Indonesia,
2023
Universitas Indonesia
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,
2023
Universitas Indonesia
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,
2023
Universitas Indonesia
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,
2023
Universitas Indonesia
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,
2023
Universitas Indonesia
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 …
Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration,
2023
Washington and Lee University School of Law
Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller
Scholarly Articles
The COVID-19 pandemic has caused incalculable harm around the world. The fact that this immense harm can be traced back to a localized outbreak in or near Wuhan, China, raises questions about the responsibility China might bear for the pandemic under public international law. Famously applied in the seminal Trail Smelter Arbitration (1938/1941), the Transboundary Harm Principle provides that no state can use or allow the use of its territory in a manner that causes significant harm in the territory of other states. This article does not intend to tap into the unseemly, xenophobic spirit that animates much of the …
International Law In The Boardroom,
2023
Washington and Lee University School of Law
International Law In The Boardroom, Kishanthi Parella
Scholarly Articles
Conventional wisdom expects that international law will proceed through a “state pathway” before regulating corporations: it binds national governments that then bind corporations. But recent corporate practices confound this story. American corporations complied with international laws even when the state pathway broke down. This unexpected compliance leads to three questions: How did corporations comply? Why did they do so? Who enforced international law? These questions are important for two reasons. First, many international laws depend on corporate cooperation in order to succeed. Second, the state pathway is not robust, then or now. It is therefore vital to identify alternatives to …
Understanding The Indigenous And Tribal People Convention, 1989 (No. 169) : Handbook For Ilo Tripartite Constituents,
2023
University of Tennessee College of Law
Understanding The Indigenous And Tribal People Convention, 1989 (No. 169) : Handbook For Ilo Tripartite Constituents, Birgitte Feiring, International Labour Office
AALL Legal Website of the Month
The handbook is written by Birgitte Feiring, former Chief Technical Adviser of the ILO’s Programme to Promote ILO Convention No. 169 (PRO 169). This handbook aims to answer some of the essential questions of ILO constituents regarding the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Convention No. 169 is a unique Convention. Adopted by the International Labour Conference (ILC) in 1989, it represents a consensus reached by ILO tripartite constituents. Indigenous and tribal peoples are among the vulnerable groups of concern to the ILO to promote social justice, internationally recognized human and labour rights and Decent Work. Takes a …
La Relación Entre El Derecho Internacional Y El Derecho Interno En El Sistema Constitucional De Los Estados Unidos,
2023
Duquesne University
La Relación Entre El Derecho Internacional Y El Derecho Interno En El Sistema Constitucional De Los Estados Unidos, Robert S. Barker
Barker Papers
A pesar de las amplias palabras de la Corte, la aplicaci6n de Derecho Internacional por los tribunales de los Estados Unidos es un tema complicado. Su propósito es el de identificar los principios mas importantes de la integracion y la separacion de Derecho Internacional y derecho interno en los Estados Unidos.
Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Land Of Plenty,
2023
University of Tennessee College of Law
Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Lisbon: Pelos Frutos Conhece-Se A Arvore: Food Waste In The Land Of Plenty, Becky L. Jacobs
Scholarly Works
I was incredibly fortunate to participate in the 2019 Study Space XII in Lisbon (SSXII), the theme of which was Living in a Tourist Destination: Regulating Planning, Housing. The theme was particularly timely and relevant. In 2019, a record 27 million visitors flooded Portugal.2 Lisbon, with an estimated population of only 517,802 as of January 2020,3 had 18.4 million tourists4 crowding its beautiful, but narrow and often steep, streets and its fabulous restaurants, bars, and cafes. The SSXII participants were among those throngs of tourists as we joined local academics, judges, and city officials and administrators who guided us around …
Introduction: Looking And Listening, Seeing And Hearing,
2023
Washington and Lee University School of Law
Introduction: Looking And Listening, Seeing And Hearing, Mark A. Drumbl
Scholarly Articles
This issue of the Temple Journal of International and Comparative Law hosts a symposium about Randle DeFalco's cutting-edge book, Invisible Atrocities: The Aesthetic Biases of International Criminal Justice. In it, DeFalco glances at glimpses of the metastasis of mass atrocity. He sees these metastatic processes-these movements-as simultaneously fast and slow. By fast, he refers to obvious and instantly horrific acts of physical violence. These are massacres, attacks, pogroms, and wanton destruction. But DeFalco also discerns that mass violence implicates slower movements and less directly causal harms: these are famine, starvation, corruption, impoverishment, mental anguish, and aid interference.' The movements …
Table Talk: Short Talks On The Weightier Matters Of Law And Religion,
2023
Emory University
Table Talk: Short Talks On The Weightier Matters Of Law And Religion, John Witte Jr.
Center for the Study of Law and Religion Books
“Table talks” have long been a familiar genre of writing for jurists, theologians, politicians, and novelists. In this little volume, thirty sage reflections on how to thrive in law school and in the legal profession are offered: short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth …
Of Looting, Land And Loss: The New International Law Of Takings,
2023
Wayne State University
Of Looting, Land And Loss: The New International Law Of Takings, Gregory H. Fox, Noah B. Novogrodsky
Law Faculty Research Publications
No abstract provided.
Transition-Denial And Structural Adjustment: Causation And Culpability In The Cuban Economy Culpability In The Cuban Economy,
2023
Florida International University College of Law
Transition-Denial And Structural Adjustment: Causation And Culpability In The Cuban Economy Culpability In The Cuban Economy, Jose Gabilondo
Faculty Publications
In 2020, Cuba implemented the Tarea Ordenamiento (Tarea), the most significant economic reform since the construction of the socialist economy after the Revolution. Signaling an eclectic brand of Cuban socialism, the Tarea clears away three decades of tried and failed economic doctrines, drawing a new fiscal border around state enterprises, nodding to market realities, and preparing the island for greater insertion into the world economy. While the political economy of post-Castro Cuba has changed in this way, the United States continues to subject the island to an unprecedented program of unilateral sanctions, universally condemned as a breach of human rights, …
