Implication Of Regional Tax Regulation For The Investment Climate And Its Relation With Omnibus Bill On Taxation,
2022
Universitas Indonesia
Implication Of Regional Tax Regulation For The Investment Climate And Its Relation With Omnibus Bill On Taxation, Debora Kristina Doloksaribu
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The granting of autonomy to the regions is intended to provide democratic space and public participation. Legal certainty in the administration of regional government specifically related to taxes is very crucial, specifically for economic development, as it affects the investment climate. Any discrepancy between regional and central policies is seen as an obstacle in optimizing investment performance in the regions. The Government has proposed a Bill on General Provisions and Tax Facilities for Strengthening the Economy or also known as the Omnibus Bill on Taxation which regulates, among other things, regional tax and regional levy. One of principal arrangements in …
Analisis Perlindungan Hukum Rahasia Dagang Menurut Undang-Undang Rahasia Dagang Di Indonesia Dan Amerika Serikat,
2022
Universitas Indonesia
Analisis Perlindungan Hukum Rahasia Dagang Menurut Undang-Undang Rahasia Dagang Di Indonesia Dan Amerika Serikat, Chairinaya Nizliandry
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Rapid economic growth encouraged tighter competition so that business doers can survive in its industry. In their efforts to survive in its industry, a handful of rogue business doers have justified various methods, including violating intellectual property rights. That is what the owner of CV Tiga Putra Berlian did. However, not in line with the Trade Secret Law, the District Court Judge in this case decided to release him. If he adheres to the trade secret law in Indonesia, the act must be deemed to have fulfilled the elements of a trade secret violation by law and must be punished …
Politik Hukum Pengambilalihan Flight Information Region (Fir) Dari Singapura,
2022
Universitas Indonesia
Politik Hukum Pengambilalihan Flight Information Region (Fir) Dari Singapura, Canris Bahri P.S
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Sovereignty is one of the conditions for the establishment of a country, the sovereignty of the state is the full and highest power in a country to regulate its entire territory which includes land, water and air space above it without interference from the governments of other countries. State sovereignty in airspace based on the 1944 Chicago convention on International Civil Aviation is "Complete" and "Exclusive". Recognition of the Archipelago's Sovereignty based on the 1982 International Convention on the Law of the Sea (UNCLOS) also includes the air space above it. However, there are problems that arise in the implementation …
Jaminan Keamanan Data Pribadi Warga Negara Dalam Penyelenggaraan Urusan Pemerintahan Berbasis Elektronik (E-Government),
2022
Universitas Indonesia
Jaminan Keamanan Data Pribadi Warga Negara Dalam Penyelenggaraan Urusan Pemerintahan Berbasis Elektronik (E-Government), Bunga Asoka Iswandari
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Indonesia has now entered the industrial revolution 4.0 which has introduced many work system procedures and procedures that use technology. Technology is here to make it easier for humans to complete all work quickly and efficiently. Technology is also present in the government system in Indonesia. The growth and development of technology in Indonesia provides a great opportunity for the bureaucracy to be able to carry out reforms to deal with bureaucratic weaknesses so far. To make the implementation of the bureaucracy in Indonesia efficient and optimal with the help of technology, the government implements an electronic-based government system, also …
Politik Hukum Pembentukan Peraturan Perundang-Undangan Keuangan Syariah Di Indonesia,
2022
Universitas Indonesia
Politik Hukum Pembentukan Peraturan Perundang-Undangan Keuangan Syariah Di Indonesia, Budiman Budiman
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Since ennacted of Law Number 10 Year 1998 concerning Amendment of Law Number 7 Year 1992 concerning Banking, which regulates banking activities based on sharia principles, the new era of growth of regulations in the financial services sector, not just in the banking sector, but also in the field of non-bank financial services. The enactment of Islamic financial laws and regulations takes place rapidly from year to year. The legal policy of establishment laws and regulations in the field of Islamic financial services is to make Islamic law in the field of financial services become a positive norm so that …
Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta,
2022
Universitas Indonesia
Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …
Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik,
2022
Universitas Indonesia
Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The use of electronic money shows positive developments, but is not accompanied by the development of regulations that provide legal protection to its users, especially with regard to the loss of electronic money. The problem in this study is how the legal protection for electronic money deposits and how the form of protection for electronic money deposits in the future so as to ensure the safe use of electronic money. This study uses a normative juridical method, using secondary data and using qualitative data analysis methods. The results of the study stated that the IDIC does not have the authority …
Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia,
2022
Universitas Indonesia
Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This study discusses the politics of mining law in the implementation of the obligation to process and purify minerals and coal to improve the quality of minerals and coal in Indonesia. The research focuses on the legal politics that occur in the implementation obligations in developing mineral and coal processing and refining in the country to improve the quality of minerals and coal before being exported abroad. This study also discusses the paradigm of mining regulations in processing and refining since the mining law in post-independence to reformation. The results of this study indicate that there are still problems in …
Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan,
2022
Universitas Indonesia
Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi
"Dharmasisya” Jurnal Program Magister Hukum FHUI
As a natural resource that can be renewed and is an unlimited energy, water has an important role in meeting the daily needs of humans and other living things, without water there would be no life. The presence of the state in managing water resources for the greatest welfare of the people is a manifestation of the state's control over water resources as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is the state's obligation to fulfill the people's rights to water. In fulfilling the need for clean water for all its …
The Common Law As Statutory Backdrop,
2022
Georgetown University Law Center
The Common Law As Statutory Backdrop, Anita S. Krishnakumar
Georgetown Law Faculty Publications and Other Works
Amidst the whirl of commentary about how the U.S. Supreme Court has become increasingly textualist and what precise shape modern textualism should take, the Court’s continued reliance on one decidedly atextual interpretive tool has gone largely unnoticed — the common law. Indeed, the common law has played an underappreciated, often dispositive, gap-filling role in statutory interpretation for decades, even as the textualist revolution has sidelined other non-text-focused interpretive tools. But despite the persistent role that the common law has played in statutory interpretation cases, the use of common law rules and definitions as an interpretive resource is surprisingly understudied and …
Social Media And The Common Law,
2022
Brooklyn Law School
Social Media And The Common Law, Leslie Y. Garfield Tenzer
Brooklyn Law Review
The framers of the United States Constitution and those who developed the early common law were no strangers to printed media. They could not, however, have anticipated the widespread ability of average people to communicate instantaneously with large audiences via platforms like Facebook, Instagram, and Twitter. Despite this new technology, courts have primarily relied on pre-social media precedent, rules of law, and the Constitution for guidance when confronted with civil and criminal social media misconduct. On the one hand, relying on existing law is a good thing; it reaffirms the judiciary's commitment to precedent and stare decisis. On the other …
Cracks In The Clean Air Act: Fixing The Foundation Of Us Climate Policy,
2022
Brooklyn Law School
Cracks In The Clean Air Act: Fixing The Foundation Of Us Climate Policy, Emily Joshi-Powell
Brooklyn Law Review
The urgent need to cool the atmosphere and slow the effects of climate change is evident all around us. However, half of Congress and large swaths of the American public are still not on board, and the highest Court in the land just knee-capped the EPA’s power to regulate effectively. This note looks at the implementation and amendment of the Clean Air Act and subsequent deviation from the Act’s bipartisan roots to its current highly political polarizing status. It then reviews twenty-first century caselaw affecting climate policy to highlight statutory and judicial barriers to progress. Culminating with the recent Supreme …
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings,
2022
Brooklyn Law School
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin
Brooklyn Law Review
Over the last four years, the US Supreme Court has granted certiorari in four immigration bond review cases. The sheer number of cases the Court has recently considered underscores the significance of this area of immigration law. Each case centers on whether the Immigration and Nationality Act or the Constitution mandates a bond review hearing after prolonged detention. Yet these cases leave unresolved the issue of whether initial bond hearings themselves meet the due process threshold required of civil confinement proceedings. Federal circuit and district courts have addressed aspects of this question and found procedural due process violations. However, most …
The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear,
2022
Brooklyn Law School
The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear, Juliana M. Lopez
Brooklyn Law Review
A Notice to Appear (NTA) in removal proceedings is a written notice served on noncitizens that, among other things, alerts them that they must appear in immigration court for a hearing. In 2018, contrary to statute and common sense, the Department of Homeland Security (DHS) admitted to issuing almost all NTAs without the accurate date, time, and place of the initial proceeding. In response, the Supreme Court, in Pereira v. Sessions, clarified that an NTA without the date and place of the hearing is statutorily defective and cannot be used to bar noncitizens from cancellation of removal. However, DHS circumvented …
Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory,
2022
Benjamin N. Cardozo School of Law
Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw
Online Publications
The Supreme Court’s cert grant last June in Moore v. Harper was an ominous note on which to end an explosive term. The grant seemed to broadcast an openness to embracing what’s known as the “independent state legislature theory,” or ISLT. It is a once-fringe idea that the U.S. Constitution, and in particular Article I’s “elections clause,” grants to state legislatures alone, and withholds from other state entities (think: courts and constitutions), the power to regulate elections for federal office.
Shakespeare And The Supreme Court: How The Justices Reveal Their Ideologies By Referencing His Works,
2022
Bowling Green State University
Shakespeare And The Supreme Court: How The Justices Reveal Their Ideologies By Referencing His Works, Rachel Anderson
Honors Projects
The works of William Shakespeare have been referenced many times throughout history, even by Supreme Court justices. Building off of an observation of a mock trial by James Shapiro, this project puts the utilization of Shakespeare from three Court opinions in relation to its context within the play and the opinion to examine what the reference reveals about the authoring justices' ideology. In doing so, this project concludes that the justices utilize Shakespeare's works in their opinions for various reasons, including to infuse their beliefs into their argument. This implies that Supreme Court justices do not base their opinions on …
Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights,
2022
Fordham University School of Law
Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey
Fordham Law Review
The right to free speech is a strongly protected constitutional right under the First Amendment to the U.S. Constitution. In 2010, the U.S. Supreme Court significantly expanded free speech protections for corporations in Citizens United v. FEC. This case prompted the question: could other nonhuman actors also be eligible for free speech protection under the First Amendment? This inquiry is no longer a mere intellectual exercise: sophisticated artificial intelligence (AI) may soon be capable of producing speech. As such, there are novel and complex questions surrounding the application of the First Amendment to AI. Some commentators argue that AI …
A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria,
2022
William & Mary Law School
A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren
William & Mary Bill of Rights Journal
In part, the Fifth Amendment to the Constitution holds that “no person . . . shall [have their] private property . . . taken for public use, without just compensation.” In Cedar Point Nursery v. Hassid, the U.S. Supreme Court ruled that “a California regulation that permits union organizers to enter the property of agricultural business to talk with employees about supporting a union is unconstitutional.” The purpose of this Note is to discuss what Cedar Point Nursery means generally for the future of Takings Clause analysis and will argue that Cedar Point Nursery should be seen as a …
The Congruent Constitution (Part One): Incorporation,
2022
Brigham Young University Law School
The Congruent Constitution (Part One): Incorporation, Jay S. Bybee
BYU Law Review
In Barron v. Mayor of Baltimore (1833), the Supreme Court held that the Bill of Rights applied to the federal government alone. Following the adoption of the Fourteenth Amendment in 1868, the Supreme Court reconsidered the rule of Barron. The Court first reaffirmed the rule of Barron and held that neither the Privileges or Immunities Clause nor the Due Process Clause made the Bill of Rights applicable to the states. It then entered a period of “absorption,” where the Court held that the Due Process Clause guaranteed some minimal rights found in the Bill of Rights, but not necessarily the …
Depoliticizing The Supreme Court Through Term Limits: A Worthwhile Reform Effort,
2022
Fordham University School of Law
Depoliticizing The Supreme Court Through Term Limits: A Worthwhile Reform Effort, Kara King
Fordham Law Voting Rights and Democracy Forum
The United States Supreme Court is in a legitimacy crisis. Americans are losing faith in the Supreme Court as an independent branch of government. As a result, policymakers and academics have put forth several proposals to reform the Court. The concept of an eighteen-year term limit maintains some bipartisan support and stands out as the most likely reform. This Article argues that term limits could help depoliticize the nomination process, bring greater stability to the Court, and restore confidence in the Court.
