scholarly journals Plant-Based Mediation Contribution to the Settlement of Cases at the Court

2020 ◽  
Vol 8 (2) ◽  
pp. 300-312
Author(s):  
Abdul Mustopa
Keyword(s):  
The State ◽  
High Court ◽  
Legal Principles ◽  
Low Level ◽  
Trial Process ◽  
Family Psychology ◽  
Constitutional State ◽  
Civil Cases ◽  
Knowledge Communication ◽  
Online Mediation

Mediation is one of the stages in the trial process. Mediation must be carried out by the parties, who are disputing civil cases in all areas of the judiciary. Mediation is a law, as the State of Indonesia is a state based on law. Article 1 of the 1945 Constitution is a constitution that regulates the form of the state of Indonesia as a constitutional state. The contribution of offline and online-based mediation to the settlement of cases in the regional courts of the Mataram Religious High Court when combined, the two seem to be insignificant in resolving cases, both offline and online mediation. The low level of success is due to the mediator factor and the factor of justice seekers. The mediator factor is assessed due to the lack of ability (skills) of the mediator, the mediator only carries out mediation according to formal legal principles, the mediator does not master role knowledge, communication science, family psychology which results in rigidity in carrying out mediation, if the mediator has multiple disciplines, of course it will spawn. better results of the implementation of mediation. The justice seeker factor is judged due to the lack of seriousness in participating in a mediation forum led by a mediator and each of them has adhered to its principles.

scholarly journals Legal Protection for People with Disabilities in the Perspective of Human Rights in Indonesia

2021 ◽  
Vol 10 ◽  
pp. 538-547
Author(s):  
Faissal Malik ◽  
◽  
Syawal Abduladjid ◽  
Dewa Gede Sudika Mangku ◽  
Ni Putu Rai Yuliartini ◽  
...  
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Protection ◽  
People With Disabilities ◽  
The State ◽  
Persons With Disabilities ◽  
Legal Recognition ◽  
State Regulations ◽  
Legal Principles ◽  
Constitutional State

The purpose of this research is to find out how the principles of legal protection for persons with disabilities and how the implementation of legal protection for persons with disabilities. Indonesia has strong legal principles in making Indonesia a constitutional state with the existence of regulations on guarantees for the protection and empowerment of persons with disabilities which are reflected in; Pancasila as the state philosophy, the Preamble of the 1945 Constitution, Law, TAP MPR, Conventions and International Declarations on human rights. Likewise, legal recognition of persons with disabilities can be seen from the regulations, both Indonesian state regulations, and regulations, or international organizations that provide legal guarantees for the rights of persons with disabilities.

scholarly journals EKSISTENSI MEDIASI TERHADAP PERKARA PERCERAIAN DI WILAYAH PTA MAKASSAR

2018 ◽  
Vol 5 (1) ◽  
pp. 124
Author(s):  
Mahmud Hadi Riyanto
Keyword(s):  
Success Rate ◽  
Science Communication ◽  
Married Couples ◽  
Legal Principles ◽  
Low Level ◽  
Family Psychology ◽  
Mediator Role ◽  
Religious Courts

Abstract               Divorce cases in religious courts, must first be made to mediation, mediation is done to solve the problem to reconcile married couples. Based on the facts on the ground, although it has been done to the fullest by a mediator judge, the success rate of mediation is still low. The research’s aim was to analyze the cause of the low level of success in mediation. The research’s also aims the low level of mediation success is due to factors of mediators and factors of justice seekers. Mediator factors are assessed for lack of mediator skills,  mediators only carry out mediation according to formal legal principles mediators lack the mastery of role science, communication science and family psychology. Justice seeker factors are assessed for lack of seriousness in mediation forums by mediator and each of whom has been adhering to the principle of divorce so difficult to pursue peace.Key Word : mediation, court, mediator, role, communication, psychology AbstrakPerkara perceraian di pengadilan agama terlebih dahulu wajib untuk dilakukan Mediasi, mediasi dilakukan untuk menyelesaikan masalah guna merukunkan pasangan suami istri. Berdasarkan fakta di lapangan, meskipun telah dilakukan secara maksimal oleh hakim mediator, ternyata tingkat keberhasilan mediasi masih rendah. Penelitian ini bertujuan untuk menganalisis penyebab rendahnya tingkat keberhasilan dalam mediasi. Hasil penelitian menunjukkan bahwa rendahnya tingkat keberhasilan mediasi disebabkan karena faktor mediator dan faktor para pencari keadilan. Faktor mediator dinilai karena kurangnya kemampuan kemampuan (skill) mediator, mediator hanya melaksanakan mediasi sesuai asas legal formal, mediator kurang menguasai ilmu peran, ilmu komunikasi dan ilmu psikologi keluarga. Faktor pencari keadilan dinilai karena kurang seriusnya dalam mengikuti forum mediasi yang dipimpin oleh mediator dan masing masing sudah berpegang teguh pada prinsip perceraian sehingga sulit untuk diupayakan damaiKata Kunci : mediasi, pengadilan, mediator, peran, komunikasi, psikologi

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.

RESEARCH ON INVESTMENT AND INNOVATION ACTIVITY IN UKRAINE: TRENDS AND PROBLEMS

2018 ◽  
Vol 1 (01) ◽  
pp. 5-73
Author(s):  
Anatoliy Ivanovich Bogdanenko
Keyword(s):  
State Policy ◽  
Innovation System ◽  
State Regulation ◽  
The State ◽  
Innovation Activity ◽  
Legal Principles ◽  
Innovation Activities ◽  
Wide Range ◽  
Intellectual Potential ◽  
Innovation Processes

In the monograph the theoretical identification of concepts and categorical series of state regulation of investment-innovation processes are investigated; the directions of optimization of the state policy of innovation and investment development management in Ukraine are determined; the organizational and legal principles of the state regulation of development of intellectual potential of the population are substantiated; the areas of development and improvement of the national innovation system as an object of state policy are highlighted and assessed. The monograph will be interesting for scholars, lecturers, doctoral and graduate students, and will also be useful to practical politicians, journalists and media workers and a wide range of readers interested in investment and innovation activities.

Politische Kultur und Rechtsbewußtsein in Ostdeutschland-Folgen der Diktatur

1995 ◽  
Vol 39 (1) ◽  
pp. 174-187
Author(s):  
Ehrhart Neubert
Keyword(s):  
Civil Society ◽  
East Germany ◽  
The State ◽  
State Law ◽  
Constitutional State ◽  
Politische Kultur ◽  
State Grants ◽  
Law And Justice ◽  
The Church

Abstract The author examines the consequences of dictatorship upon the conciousness of law and justice in the postsocialist society of East-Germany. This society and even the Church are characterized by a moralizing thinking of justice- according to the German tradition of paternalistic state: the state grants justice and represents community. Ever after theseGermans regard themselves as inferiors, who want to get adjusted into a disciplined order. This leeds to disappointments and radical criticism of the democratic constitutional state. Law is not able to realize ultimatejustice. For the aceptance ofthe constitutional state it will be necessary to restore civil society and overcome a fundamentalistic criticism of civilisation.

scholarly journals CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  
Keyword(s):  
Public Relations ◽  
Human Dignity ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Legal Principles ◽  
Constitutional Order ◽  
Normative Significance ◽  
Russian Law ◽  
The Law

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

scholarly journals Penerapan Asas Hakim Aktif (Dominus Litis) dalam Persidangan di Pengadilan Tata Usaha Negara (Studi Kasus Putusan No.1/G/2017/PTUN.DPS.)

2021 ◽  
Vol 2 (1) ◽  
pp. 27-32
Author(s):  
Ni Komang Dewi Novita Indriyani Weda ◽  
I Made Arjaya ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Active Role ◽  
The State ◽  
Legal Research ◽  
Legal Entity ◽  
Trial Process ◽  
State Administration

In the judiciary the Judicial State Administration plays a more active role in the trial process in order to obtain material truth. The activist of the judge is intended to compensate for the unequal position of the parties, namely the Defendant is an entity or official of the State administration and the Plaintiff is an individual or civil legal entity. In this research there are two main problems, namely (1) how is the Procedure for Making a Gathering in the State Administrative Court? (2) How is the application of the principle of active judge (dominus litis) in the stage of proof at the trial? The research method used is normative legal research with a legal approach.

scholarly journals TO THE QUESTION ABOUT THE PREDICTORS OF VICTIM BEHAVIOR OF YOUNGER SCHOOL CHILDREN

2021 ◽  
pp. 176-184
Author(s):  
Ольга Федоровна Афанасьева
Keyword(s):  
School Children ◽  
Deviant Behavior ◽  
The State ◽  
Low Level ◽  
Primary Schoolchildren ◽  
Readiness To Learn ◽  
Complex Preparation ◽  
The Relationship

Рассматриваются аспекты виктимного поведения младших школьников, связанные с готовностью ребенка к обучению в школе, процессом его адаптации и проявлениями состояния тревожности. Обозначены психологические основания комплексной подготовки к школе и последствия низкого уровня готовности. Описываются результаты исследования, направленного на определение взаимосвязи недостаточной готовности к школе и уровня тревожности, которые могут стать причиной проявления отклоняющегося поведения, в частности виктимности. The aspects of victim behavior of primary schoolchildren are considered, which are connected with the child's readiness to learn at school, the process of his adaptation and manifestations of the state of anxiety. The psychological foundations of complex preparation for school and the consequences of a low level of readiness are outlined. The article describes the results of a study aimed at determining the relationship between insufficient readiness for school and the level of anxiety, which can cause the manifestation of deviant behavior, in particular, victimization.

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