scholarly journals Comparison of Wildlife Protection Law between Indonesia and the United States

2018 ◽  
Vol 4 (2) ◽  
pp. 181
Author(s):  
Lusi Apriyani ◽  
Fahmi Yoesmar AR ◽  
Marta Erwandi
Keyword(s):  
United States ◽  
Environmental Law ◽  
Legal Protection ◽  
The United States ◽  
Legal Framework ◽  
Wildlife Habitat ◽  
Comparative Approach ◽  
Wildlife Protection ◽  
Mining Law ◽  
The Law

Indonesia is known as one of the richest countries for its biodiversity. Plants, animals, and forest are very diverse in every region in Indonesia. Unfortunately, from time to time the numbers of biodiversity have been decreased along with the development of Indonesia. Nowadays, numbers of Sumatera Tigers and Orang Utan are not more than 400 since they were traded, captured, and killed in the name of economic development. Even wildlife habitat, forest, were converted to non-forestry use. Theoretically, Indonesia has Conser-vation Act which is the Law Number 5 of 1990 on Conservation of Biodiversity and Ecosystem in which providing protection to the biodiversity. However, this law mostly talks about conservation system rather than providing legal protection to the wildlife and its habitat. In addition, the law seems to stand on its own, meaning only Biodiversity Law regulates protection to wildlife. Other acts like Forestry law, Environmental law, Plantation law, and Mining law do not provide wildlife protection. While both flora and fauna are the most vulnerable elements affected by activities which are regulated by those laws. The existence of the conditions above indicates that the legal protection of wildlife needs to be improved. One of the improvement efforts is to reform the Indonesian wildlife protection law. The law reform of Indonesia wildlife protection can be done through comparative approach toward legal framework of wildlife protection of Indonesian and United States.

YURIDICAL ANALYSIS OF THEORY OF THEORY OF ETHICAL FACILITIES DUTIES LAW COMPETITION COMPETITION IN INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 257
Author(s):  
Nandi Wardhana
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
European Countries ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Dominant Firm ◽  
Rule Of Reason ◽  
Sherman Act ◽  
Theory Of Theory

Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.

scholarly journals Organizing Court Administration in order to fulfil access to justice under the Covid-19 State of crisis

2020 ◽  
Vol 9 (12) ◽  
pp. e41891211113
Author(s):  
Ibnu Sina Chandranegara ◽  
Luthfi Marfungah
Keyword(s):  
United States ◽  
Constitutional Law ◽  
Regulatory Authority ◽  
The United States ◽  
Judicial Power ◽  
Comparative Approach ◽  
Access To Justice ◽  
Procedural Law ◽  
Court Administration ◽  
The Law

The Covid-19 pandemic in different countries, particularly in terms of performing their duties and functions, has both direct and indirect implications on the judiciary. This paper calls for a contrast between the implementation of law emergencies in the United States and the judiciary's reflection in Indonesia. The study uses the comparative approach in constitutional law to provide advice, which needs to be avoided in the Indonesian constitutional law by researching legal material and procedures in other countries' constitutional law. This article concludes that the Law of Judicial Power and the Law of Procedure in Indonesia require strict legal material on how procedural law does not give delegates too much technical, regulatory authority to each court during the time of crisis and has the potential to create unequal policies in the future to deal with judicial emergencies so that regulation is necessary.

Foreign environmental law: U.S. environmental law

2019 ◽  
Author(s):  
Лазарь Брославский ◽  
Lazar Broslavskiy
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Protection ◽  
The United States ◽  
Legal Regulation ◽  
Modern World ◽  
Federal State ◽  
Teaching Staff ◽  
Wide Range

The manual is devoted to the analysis of the current environmental legislation of the United States and the practice of its application in order to better study the environmental problems of the modern world and improve the system of legal regulation of the Russian Federation in the field of environmental protection. Prepared on the basis of previously published by the author of monographs on comparative legal analysis of environmental law in Russia, the United States and the European Union, which can be accessed for a more detailed study of the legal protection of the environment. Meets the requirements of the Federal state educational standards of higher education of the last generation. It is recommended in addition to the basic course "Environmental law", and can also be used as a textbook for bachelors and undergraduates in special courses and special seminars "Foreign environmental law". For students, postgraduates and teaching staff of law universities and environmental faculties of universities and other educational institutions; workers of industry and other sectors of the economy, including those studying at institutes and training courses, judges, employees of the system of state bodies of natural resources and environmental protection, control and supervision and law enforcement agencies, environmental and other public organizations; and also for a wide range of readers interested in environmental issues and wishing to take an active part in the social environmental movement.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

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