The Legal Complex Fractured: Legal Professional Coalition and Collision in Taiwan's Judicial Reform

Law & Policy ◽  
2021 ◽  
Author(s):  
Ching‐Fang Hsu
Keyword(s):  
Judicial Reform ◽  
Legal Professional

Roundtable: Law & Society and Judicial Reform

2017 ◽  
Vol 56 ◽  
pp. 43-68
Author(s):  
JoonHyung Hong
Keyword(s):  
Judicial Reform

A MODERN JUDICIAL SYSTEM IN INDONESIA: LEGAL BREAKTHROUGH OF E-COURT AND E-LEGAL PROCEEDING

2020 ◽  
Vol 9 (2) ◽  
pp. 275
Author(s):  
Dedi Putra
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Primary Data ◽  
Access To Justice ◽  
Judicial Reform ◽  
Legal Service ◽  
Literature Study ◽  
Face To Face ◽  
Legal Proceedings ◽  
Digital Era

The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform in Indonesia, e-court, and access to justice, the conception of e-court including the performance of e-court and its drawbacks and challenges in the digital era. The research method uses normative research by approaching legal review and literature study. The technique of primary data collection applies Supreme Court regulation while means of secondary data are collected from concept or theory as set out under bibliography. Judicial reform in Indonesia is indicated by issuing new regulation regarding e-Court and e-Litigation, the implementation e-Court itself has been attributed to 32 courts consisting of general religious, and state administrative courts. Through e-Court, access to justice more transparent and accessible. Besides, justice seekers have no worries regarding distance issues as of e-Court may allow them to fight in court without face to face. Parties have no doubt relating to the acceleration of court to settle any dispute in Indonesia.

Features of Copyright and Related Rights Defense on the Internet: Scientific Discussion at a Seminar in the First Court of Appeal

2020 ◽  
Vol 7 ◽  
pp. 94-100
Author(s):  
N. V. Buzova ◽  
◽  
M. M. Karelina ◽  
Keyword(s):  
Copyright Protection ◽  
The Internet ◽  
Judicial Reform ◽  
Scientific Discussion ◽  
Rights Protection ◽  
Moscow City ◽  
Interim Measures ◽  
Judicial Protection ◽  
Appeal Courts ◽  
Court Of Appeal

The final stage of the judicial reform was the creation of new cassation and appeal courts in the system of courts of general jurisdiction that provide additional guarantees for the effective judicial protection of citizens. Russian legislation establishes a mechanism for the protection of infringed copyright and related rights on the Internet. Such a mechanism provides for the imposition of interim measures by the Moscow City Court and the termination by Roskomnadzor of access to the site or page of the site on the Internet, on which information is posted in violation of copyright and related rights. In the case of interim measures, the case decision belongs to competence of the Moscow City Court. As a result of changes in the legislation on the judicial system, the courts of appeal and cassation of general jurisdiction began to work. Consideration of complaints against judicial acts of the Moscow City Court, rendered by them at first instance, are referred to the competence of the new courts. The article notes the stages of development of legislation on copyright protection on the Internet, as well as some problematic aspects of copyright and related rights protection on the Internet.

The Scientific Concept of the Organization of Judicial Sctivity in the Context of its Digital Transformation: Definition and Content

2020 ◽  
Vol 6 ◽  
pp. 13-25
Author(s):  
E.V. Burdina ◽  
◽  
N.A. Petukhov ◽  
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Digital Transformation ◽  
Scientific Concept ◽  
Judicial Reform ◽  
Management Activity ◽  
Judicial Administration ◽  
Strategic Goals ◽  
New Type ◽  
Legal Forms

The digital transformation of the judiciary actualizes scientific problems of a managerial nature related to the search for more effective organizational forms of judicial activity in modern conditions. The purpose of the study is to justify the scientific concept of the organization of judicial activity, the content of which would make it possible to improve the processes of intrasystem management of the activities of the courts to achieve the goals of the formation of the information society and digital economy. The worldview and methodological basis were the work of scientists and the methods used by them in the analysis of the general theory of public management and public administration. The modern scientifically grounded concept of the organization of judicial activity is a system of guiding ideas that define, for a clearly defined perspective, the tasks, principles, directions and organizational and legal forms of public administration in the judicial sphere to achieve national goals. The content of this concept is an intra-system organizational and management activity, considered in two aspects: functional (goals, objectives, principles, directions, forms and means) and institutional (legal statuses, structure of the judicial organization, judicial self-government bodies, public service). It is argued that the intrasystem judicial management reveals the content of the analyzed concept. The authors, analyzing the terms «judicial management» and «judicial administration», consider them close, but not identical, the criterion for distinguishing them is the professionalization of subjects of organizational and managerial activity. The work defines the strategic goals of the judicial management, its main directions. The conclusion is substantiated that a new type of judicial organization will reflect its technological effectiveness and will result from the modification of its model: from the organization of judges and judicial personnel to the model of a unified organization of judges, court administrations and information systems. This organizational regularity will need to be taken into account in judicial reform plans.

The Constitutional Court

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Constitutional Court ◽  
Judicial Reform ◽  
Future Viability ◽  
The Government ◽  
National Legislature

Indonesia’s Constitutional Court, established in 2003, is often called a model of judicial reform for other courts in Indonesia and throughout parts of Asia. It reviews statutes against the Constitution, hears disputes about elections and between state organs, and decides presidential impeachment motions brought by the national legislature. This chapter shows that this court started strongly, performing its functions professionally and commanding respect from the government and citizens, despite having no enforcement powers. It even managed to push the formal boundaries of its jurisdiction and, in our view, began to ‘make law’, thereby usurping a legislative function. However, recent corruption scandals and poorly reasoned decisions have undermined its credibility and threaten its future viability.

scholarly journals Towards Smarter and Fairer Justice? A Review of the Chinese Scholarship on Building Smart Courts and Automating Justice

2021 ◽  
pp. 186810262110214
Author(s):  
Straton Papagianneas
Keyword(s):  
The Political ◽  
Judicial Reform ◽  
Political Purpose ◽  
Normative Concepts ◽  
Legal Context ◽  
Literature Reviews ◽  
Chinese Scholars ◽  
Positive Evaluation

This article reviews how Chinese scholars debate the policy of building smart courts in the context of judicial reform. This policy entails the automation and digitisation of judicial processes. It is part of broader judicial reforms that aim to create a more accurate and consistent judiciary. The article identifies four reform concepts that guide the debate: efficiency, consistency, transparency and supervision, and judicial fairness. This review is a meta-synthesis, using practices of narrative and systematic literature reviews, focusing on evaluating and interpreting the Chinese scholarship and reform concepts. It reviews how Chinese scholars discuss the implications of judicial automation and digitisation. Additionally, it analyses the normative concepts behind the reform goals within China’s political-legal context. The analysis finds that the generally positive evaluation in the debate can be explained by an instrumentalist understanding of the reform concepts and the political purpose of courts in the Chinese political-legal context.

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