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Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr. 2020 St. Mary's University School of Law

Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr.

St. Mary's Law Journal

Abstract forthcoming


Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph Schremmer 2020 University of Oklahoma College of Law

Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph Schremmer

Faculty Articles

Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracing). Property rights will need to continue adapting if they are to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise — for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort …


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah, Marten Bunga 2019 Faculty of Law Universitas Gorontalo

Model Pembentukan Peraturan Daerah Yang Ideal Dalam Penyelenggaraan Otonomi Daerah, Marten Bunga

Jurnal Hukum & Pembangunan

This study aims to analyze the model formation of regional regulations in the implementation of regional autonomy. This research method used is included in the type of normative legal research that uses secondary data obtained from library materials in the form of primary legal material. The results of the study indicate that regional regulations in the implementation of regional autonomy are a policy instrument in the implementation of the regional government. Establishment of regional regulations that are in accordance with the interests of the community must implement the principles of regional autonomy and the content of regional regulations must not …


Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid, Kukuh Bergas 2019 Faculty of Law Universitas Indonesia

Dewan Perwakilan Rakyat Dan Majelis Permusyawaratan Rakyat Dalam Proses Impeachment Presiden Abdurrahman Wahid, Kukuh Bergas

Jurnal Hukum & Pembangunan

As a country that uses presidential systems, Indonesia realizes that the role of the president as an executive is powerful. Therefore it is necessary to establish legal rules or supervisory institutions as a counterweight to avoid abuse of authority. The DPR and MPR are legislative institutions whose task is to oversee the performance of the president. If a suspected violation is found, the DPR may submit a proposal for the dismissal of the president. Indonesia's 4th President experienced this case, K. H. Abdurrahman Wahid is also known as Gus Dur, because he was considered to have committed a violation which …


Penyelesaian Perkawinan Yang Tidak Memenuhi Syarat Perkawinan Melalui Isbath Nikah, Barzah Latupono 2019 Faculty of Law Universitas Pattimura

Penyelesaian Perkawinan Yang Tidak Memenuhi Syarat Perkawinan Melalui Isbath Nikah, Barzah Latupono

Jurnal Hukum & Pembangunan

Marriage is a spiritual bond between a woman and a man as husband and wife to form a happy and eternal family based on the Godhead. For that marriage must be done by fulfilling the rules of marriage law in accordance with applicable law. One of the requirements for a marriage is in accordance with Article 6 of the Marriage Law No. 1 of 1974 is: A person who is still bound by a marriage with another person cannot remarry except to fulfill the provisions of Article 3, (2) and article 4. If this point is not fulfilled, and the …


Dinamika Pengelolaan Zakat Oleh Negara Di Beberapa Provinsi Di Indonesia Pasca Undang-Undang No. 23 Tahun 2011, Muhammad Izzuddin Abdul Aziz, Heru Susetyo 2019 Faculty of Law Universitas Indonesia

Dinamika Pengelolaan Zakat Oleh Negara Di Beberapa Provinsi Di Indonesia Pasca Undang-Undang No. 23 Tahun 2011, Muhammad Izzuddin Abdul Aziz, Heru Susetyo

Jurnal Hukum & Pembangunan

This article is derived from research conducted by the authors in some provinces in Indonesia. The focus of the research is the administration of zakat (alms) by the state, in this case, is BAZNAS at various provinces in Indonesia in the aftermath of Law No. 23/ 2011 on Zakat Administration. The authors select two provinces where Muslim inhabitants are a minority, namely in North Sulawesi and East Nusa Tenggara (NTT) and three provinces where Muslims are majority namely in Aceh, West Nusa Tenggara, and Gorontalo. There is three focus of questions: 1. The practice of zakat administration by the BAZNAS; …


Analysis On The Effectiveness Of “Unbundling” And “Open Access” In Indonesian Gas Business Sector, Parulian Paidi Aritonang 2019 Faculty of Law Universitas Indonesia

Analysis On The Effectiveness Of “Unbundling” And “Open Access” In Indonesian Gas Business Sector, Parulian Paidi Aritonang

Jurnal Hukum & Pembangunan

Natural gas is a very important non-renewable natural resource that controls the lives of many people. Therefore, the exploitation and utilization of natural gas must be carried out wisely and for the greatest prosperity of the people. This is mandated in Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia that "Earth, water and the natural resources contained therein are controlled by country and used for the greatest prosperity of the people". With the promulgation of Law Number 22 the Year 2001 concerning Oil and Gas, there has been restructuring in the implementation of natural gas …


Pola Pertanggungjawaban Rumah Sakit Dalam Penyelesaian Sengketa Medis Di Indonesia, Wahyu Andrianto, Djarot Dimas Achmad Andaru 2019 Faculty of Law Universitas Indonesia

Pola Pertanggungjawaban Rumah Sakit Dalam Penyelesaian Sengketa Medis Di Indonesia, Wahyu Andrianto, Djarot Dimas Achmad Andaru

Jurnal Hukum & Pembangunan

Several cases of medical disputes between patients and hospitals include the case of missing baby number 98 at Hasan Sadikin Hospital Bandung in 1987, the false gas case in which O2 Gas is exwith CO2 Gas during an operation at the RSUD M Yunus Bengkulu Hospital in 2001, and the Debora Case at the Hospital The Kalideres Jakarta Family Partner in 2017 — invited various questions about how the hospital as an institution of health service facilities, in this case, is responsible. In the 1945 Constitution Article 34 paragraph 3 explains that citizens have the right to receive proper welfare …


Legal Certainty For Foreign Investors In Coal Mining In Indonesia, Rouli Anita Velentina Anita Velentina 2019 Faculty of Law Universitas Indonesia

Legal Certainty For Foreign Investors In Coal Mining In Indonesia, Rouli Anita Velentina Anita Velentina

Jurnal Hukum & Pembangunan

Since 2009, there have been significant regulatory changes in coal mining in Indonesia, beginning with the enactment of Law No.4 of 2009 concerning Mineral and Coal Mining, which replaced the prior system of contracts and mining authorizations (Kuasa Pertambangan; KP) with mining business permits (Ijin Usaha Pertambangan; IUP). There are two types of IUP: exploration and production operation. Then, the mechanism of Clean and Clear was created to reduce the large numbers of overlapping licenses. This article explores Indonesian regulatory changes and court rulings in coal mining and clarifies share divestment requirements for foreign investors in Indonesian coal-mining operations, which …


Penerapan Asuransi Lingkungan Hidup Pada Pemanfaatan Lahan Gambut Di Sektor Kehutanan, Hari Prasetiyo, Kurnia Togar P. Tanjung, Jeremy Jordan 2019 Faculty of Law Universitas Indonesia

Penerapan Asuransi Lingkungan Hidup Pada Pemanfaatan Lahan Gambut Di Sektor Kehutanan, Hari Prasetiyo, Kurnia Togar P. Tanjung, Jeremy Jordan

Jurnal Hukum & Pembangunan

Forest and land fires, especially on peatlands that often occur in Indonesia, have a huge negative impact both for the environment and for the community. The enforcement of civil law to obtain compensation for damages to the environment and the community must be obtained. The basic use of civil liability through absolute responsibility can be made for activities or businesses within a peat ecosystem or have an impact on the peat ecosystem. The basic use of civil liability through strict liability can be made for activities or businesses within a peat ecosystem or have an impact on the peat ecosystem. …


Bea Perolehan Hak Atas Tanah Dan Bangunan (Bphtb) Atas Warisan, Apakah Warisan (Dalam Garis Keturunan Sedarah) Harus Dikenai Bphtb?, Eka Wijaya Silalahi 2019 Faculty of Law Universitas Indonesia

Bea Perolehan Hak Atas Tanah Dan Bangunan (Bphtb) Atas Warisan, Apakah Warisan (Dalam Garis Keturunan Sedarah) Harus Dikenai Bphtb?, Eka Wijaya Silalahi

Jurnal Hukum & Pembangunan

Tax is the main element of income for the state treasury so that the tax function is essential in financing all needs in the administration of the state. This study examines and explores whether inheritance can be taxed, especially BPHTB, for inheritance in the form of land or buildings. This study uses a normative juridical method (Library Research) with secondary data as the source. The results of the study indicate that the inheritance (in blood lineage) in the form of land or buildings should not be taxed (Customs and Land Rights Acquisition Fees).


Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo 2019 Brooklyn Law School

Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo

Brooklyn Journal of International Law

Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …


Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)


Appeal No. 0968: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0968: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0939: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0939: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-437 & Chief's Order 2016-451; Hogston C & A Unites (Gulfport Energy Corporation)


Appeal No. 0972: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0972: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0970: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0970: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0969: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0969: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0971: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0971: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


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