Three Aspects of Inquiry into a Judgment: Comments on the High Court Decision, 1993 No. A8176, in the Supreme Court of Hong Kong

2013 ◽  
pp. 717-752
Author(s):  
An CHEN
Keyword(s):  
Hong Kong ◽  
Supreme Court ◽  
Court Decision ◽  
High Court ◽  
The Supreme Court

scholarly journals IMPLEMENTASI PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN (Study Putusan Pengadilan Agama Rantauprapat No. No.487/Pdt.G/2020/PA-RAP Jo Putusan Pengadilan Tinggi Medan No.73/Pdt.G/2020/PTA-MDN)

2020 ◽  
Vol 8 (2) ◽  
pp. 72-81
Author(s):  
Muhammad Yusuf Siregar
Keyword(s):  
Supreme Court ◽  
Legal Aspects ◽  
Judicial System ◽  
Court Decision ◽  
High Court ◽  
Is Research ◽  
The Supreme Court ◽  
Legal Position ◽  
The Republic ◽  
Research Show

This study aims to analyze the legal aspects of the implementation of the Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Courts (Study of Rantauprapat Religious Court Decision No. 487 / Pdt.G / 2020 / PA-RAP Jo Medan High Court Decision No. 73 / Pdt.G / 2020 / PTA-MDN. This research is Normative Empirical, which is research by looking at conditions in the field by linking the source of laws and regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this study are to find out and analyzing the legal position of the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts and To find out and analyze the Implementation of the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts in the Rantauprapat Religious Court Decision No.487 / Pdt .G / 2020 / PA-RAP Jo Medan High Court Decision No.73 / Pdt.G / 2020 / PTA-MDN. The results of the research show that the provisions of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2008 and / or Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Courts in article 02 paragraph 04 states that "Judges in consideration of the decision of a case must state that the case concerned has strived for peace through Mediation by stating the name of the Mediator for the case concerned. The position of Mediation as stated in the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 is one of the steps that must be taken in carrying out the Judicial system which is based on the decision of the Medan High Court Panel of Judges declaring that to completely reject the Plaintiff's Lawsuit with the Consideration that the case has been taken through the Mediation route although not maximally and His legal consideration is that the position of the witnesses presented by the Plaintiff is a witness who did not see the Plaintiff and Defendant fighting, but only told the story of the Plaintiff. Keywords: Implementation, Procedure, Mediation

scholarly journals Peran Notaris/PPAT Dalam Pembuatan Akta Pembagian Harta Warisan Terhadap Ahli Waris Yang Berbeda Agama

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 105
Author(s):  
Diah Ragil Kusuma ◽  
Munsharif Abdul Chalim
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Religious Orders ◽  
High Court ◽  
The Public ◽  
The Supreme Court ◽  
The Will

ABSTRAKKewajiban dalam melaksanakan wasiat wajibah itu bersifat Qadhai, disini dapat diartikan bahwa tidak hanya sebagai tanggung jawab seseorang dalam melaksanakan perintah agama, namun wasiat wajibah tersebut dapat dipaksakan apabila ia lalai dalam melaksanakannya karena sudah menyangkut kepentingan umum.Peran notaris dalam membuat akta pembagian harta waris terhadap ahli waris non muslim yakni dengan membuatkan Akta Keterangan Waris yang di dalamnya menjelaskan pemberiannya melalui wasiat wajibah. Demikian pula yang menjadi landasan yuridis atas pemberian wasiat wajibah kepada ahli waris non muslim oleh Putusan Mahkamah Agung RI Nomor: 368 K/AG/1995, tanggal 16 Juli 1998 yang telah menetapkan bahwa seorang anak perempuan yang beragama Nasrani berhak pula mendapat harta warisan pewaris, tidak melalui warisan melainkan melalui wasiat wajibah. Dan besar perolehannya adalah sama dengan bagian seorang anak perempuan, bukan 1/3 dari harta warisan dan bukan pula ¾ bagian dari perolehan anak perempuan pewaris. Selanjutnya Putusan Mahakamah Agung RI Nomor: 51 K/AG/1999, tanggal 29 September 1999 yang telah memberikan pertimbangan: “Menimbang, bahwa namun dengan demikian Mahkamah Agung berpendapat bahwa putusan Pengadilan Tinggi Agama Yogyakarta harus diperbaiki, karena seharusnya Pengadilan Tinggi Agama Yogyakarta memperbaiki amar putusan Pengadilan Agama Yogyakarta mengenai ahli waris non muslim, mereka berhak mendapat warisan melalui wasiat wajibah yang kadar bagiannya sama dengan bagian ahli waris muslim.”Kata Kunci : Notaris, Wasiat Wajibah, Non Muslim.ABSTRACTObligation in carrying out the mandate is Qadhai, here it can be interpreted that not only as a person's responsibility in carrying out religious orders, but the will is compulsory if he neglects in carrying it out because it is related to the public interest.Notary's role in making the deed of dividing the heirs against non-Muslim heirs by making the Deed of Inheritance Statement which in it explains its grant through the mandatory testament. Likewise, the juridical basis for the provision of a mandatory will to non-Muslim heirs by the Supreme Court Decision Number 368 K / AG / 1995, dated July 16, 1998 which has stipulated that a Christian girl is entitled to also get the inheritance, not through inheritance but through a mandatory will. And the gains are equal to the share of a daughter, not 1/3 of the estate and not the part of the acquisition of the daughter of the testator. Furthermore, the Supreme Court Decision Number 51 / K / 1999 dated 29 September 1999 has given consideration: "Considering that, however, the Supreme Court is of the opinion that the decision of the Yogyakarta High Religious Court must be improved, since the Religious High Court of Yogyakarta should have improved the amar the decision of the Religious Court of Yogyakarta concerning the non-Muslim heirs, they are entitled to inheritance through a mandatory testament whose content is equal to that of the Muslim heirs".Keyword : Notary, Mandatory Testament, Non-Muslim.

scholarly journals AKIBAT HUKUM PEMBATALAN AKTA JUAL BELI (AJB) ATAS TANAH OLEH PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 888/K/PDT/2016

2018 ◽  
Vol 1 (2) ◽  
pp. 253
Author(s):  
Livia Clarista ◽  
Endang Pandamdari
Keyword(s):  
Supreme Court ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
High Court ◽  
Original State ◽  
Legal Standing ◽  
The Supreme Court ◽  
Legal Consequences ◽  
Laws And Regulations

Buying and selling is a process of transferring rights of land carried out by making a sale and purchase deed by a land deed official. Therefore, the procedure must be in accordance with the applicable laws and regulations to produce a valid deed and can be used to transfer the land rights. In this case, there was a mismatch in the procedure for making land sale and purchase deeds carried out by land deed official. This caused a legal defect in the deed which was then supported by a statement from the District Court Verdict Number 381/Pdt.G/2014/PN/Bdg. and the Bandung High Court with Decision Verdict 451/PDT/2015/ PT BDG., where both of them grant the plaintiff's claim, namely land deed official itself. However, the Supreme Court Judges considered that land deed official did not have a legal standing in filing a claim because it was deemed not to have legal interests in the sale and purchase deed. The Supreme Court Judges in Verdict Number 888 / PDT / 2016 canceled the previous court decision. This resulted in the deed returning to its original state. However, the deed can then only be canceled by the parties in it, but the cancellation also can only be done if both parties agree. While the legal consequences of the land deed official issuing the sale and purchase deed are the acceptance of sanctions in the form of temporary and permanent dismissals.

scholarly journals PERAMPASAN DAN PENGEMBALIAN BARANG BUKTI ALAT ANGKUT TINDAK PIDANA ILLEGAL LOGGING DALAM MEWUJUDKAN RASA KEADILAN ( Studi Putusan di Pengadilan Negeri Kandangan, Kabupaten Hulu Sungai Selatan dan Pengadilan Negeri Purbalingga, Kabupaten Purbalingga )

2010 ◽  
Vol 10 (2) ◽  
Author(s):  
Praditia Danindra
Keyword(s):  
Supreme Court ◽  
Court Decision ◽  
Illegal Logging ◽  
Legal Certainty ◽  
High Court ◽  
The Supreme Court ◽  
Court Management ◽  
Appeals Court ◽  
Sense Of Justice

PERAMPASAN DAN PENGEMBALIAN BARANG BUKTI ALAT ANGKUT Studies of Decision Number 14/Pid.B/2006/PN.Kgn jo Number 37/PID/2006/PT.BJM shows that the judge was correct in sentencing, but on the evidence they have different opinions. Courts of first return of the evidence to its owner, while the appeals court that the evidence seized goods for the country. This appeals court decision in accordance with the provisions of Article 78 paragraph (15) of Law Number 41 Year 1999 on Forestry, the Supreme Guide of the Technical Judicial and Court Management in 2005 and the Circular of the Supreme Court (SEMA) No. 01 Year 2008. Here the Panel of Judges to act only as an oral (funnel) laws which in French is called "He boushe de la loi." In Decision Number 44/Pid.B/2009/PN.Pbg jo Number 371/Pid/2009/PT.Smg is already really good against the imposition of the penalty or against the evidence that is returned to the beneficiary even though this decision does not match the above rules . Thus, the High Court Judges Semarang sense of justice is more priority than legal certainty.Keyword: sentencing, evidence, justice, legal certainty, illegal logging.

scholarly journals Judges’ Considerations in the Cancellation Decision of the Marriage Establishment (ITHBAT) of Polygamy (The Analysis of Supreme Court Decision No.351/K/Ag/2016)

2019 ◽  
Vol 6 (2) ◽  
pp. 164
Author(s):  
Rini Erlina ◽  
Yaswirman Yaswirman ◽  
Mardenis Mardenis
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Marriage Law ◽  
High Court ◽  
The Supreme Court ◽  
Legal Consequences

In Indonesia, polygamy is permissible as long as it is justified by religion and the rules of the marriage law. However, a husband who wants to have more than one wife can only be done if he fulfills various requirements decided by the Court. Based on the principle of “audi alteram partem”, the Supreme Court views that the consideration of the Jakarta Religious High Court towards the defendant's answers, evidence and witnesses submitted by the defendant is a right decision even though they are late and no trial is submitted. The Supreme Court argues that polygamy permission is a necessity. It aims to maintain the welfare of the parties bound to the marriage that have been and are still ongoing. The word "can" in Islamic Law Compilation (KHI) article 71A shows that the cancellation of marriage for a reason of polygamy without court permission is tentative (facultative). Whether or not the marriage is canceled must be submitted to the court and is very dependent on the assessment of the benefits of the wife/wives and children. The legal consequences of the stipulation of the marriage establishment (ithbat) based on the decision of the Religious Court and the refusal to cancel the marriage establishment (ithbat), the child of the second wife has inheritance rights from his father, including assets from his property with his first wife.

The Supreme Court Decision

2012 ◽  
Vol 42 (13) ◽  
pp. 54
Author(s):  
JOSEPH S. EASTERN
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
The Supreme Court

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

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