Law and Philosophy Commons^™

Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The COVID-19 pandemic has shifted the form of conducting music concerts from face-to-face concerts to online concerts through the live stream mechanism. Some practitioners opine that the implementation of live stream online concerts is considered to contain elements of temporary reproduction (ephemeral recording) and may be used for the purposes as regulated in Article 49 of Law No. 28 Year 2014 on Copyright. This paper examines whether the use of copyrighted songs in live streams music concerts can be categorized as ephemeral recording. This research will be carried out using socio-legal studies methods as an interdisciplinary studies with the help …

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime for …

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, 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, 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, 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, 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, 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, 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 …

An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Openness Of Talmud, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

(How) Is Prison Philosophy Public?, Shannon Fyfe, Amy Mckiernan, Elizabeth Lanphier

Scholarly Articles

In this essay we reflect on our shared experiences participating in a prison philosophy program, to consider just how our philosophical activities inside prison, and our related work outside, were—or were not—“public.” Some may also wonder if all the activities we describe are instances of “philosophy.” We take it that they are, insofar as they all engage teaching or reflecting on philosophy, deploying philosophical skills (including critical thinking, writing, and argumentation), or rely on philosophical concepts, including from feminist and critical race theory and praxis. However, we also suggest ways in which this work highlights the need to further refine …

Redefining The Lawyer's Role In Calls For A Dignified Death, Patricia Bober

Hofstra Law Student Works

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 …

How Do Prosecutors "Send A Message"?, Steven Arrigg Koh

Faculty Scholarship

The recent indictments of former President Trump are stirring national debate about their effects on American society. Commentators speculate on the cases’ impact outside of the courtroom — on the 2024 election, on political polarization, and on the future of American democracy. Such cases originated in the prosecutor’s office, begging the question of if, when, and how prosecutors should consider the societal effects of the cases they bring.

Indeed, prosecutors often publicly claim that they “send a message” when they indict a defendant. What, exactly, does this mean? Often, their assumption is that such messaging goes in one direction: indictment …