scholarly journals The Problematics of Simple Lawsuit Implementation To Reduce Civil Cases In Supreme Court

AL-HUKAMA ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 171-194
Author(s):  
Bambang Sugeng ◽  
Zahry Vandawati Ch.
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
Simple System ◽  
State Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Civil Cases ◽  
Court Proceedings ◽  
Court Process

This research has purpose to analyze the implementation of a simple lawsuit settlement to reduce the accumulation of civil cases in the Supreme Court. Also to analyze the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases and investigate the constraints and obstacles in the application of simple claim resolution to reduce the buildup of civil cases. This research is normative legal research that used the approach of statute approach and conceptual approach. The result of this research indicated that the implementation of simple lawsuit mechanismin court process could be quite helpful for citizen to settle the civil cases on state court with a quick process, simple system and low cost. In the context of implementing a simple lawsuit mechanism in court proceedings, there are several obstacles and have not maximally utilized in society, such as the minimum limit for the value of material claims is at most Rp. 200,000,000.00 (two hundred million rupiahs).

scholarly journals Standard Issuance of Circular Letters in The Implementation Of Judicial Power

2018 ◽  
Vol 54 ◽  
pp. 03021
Author(s):  
Rahadi Wasi Bintoro ◽  
Abdul Shomad ◽  
Trisadini Prasastinah Usanti
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
Administrative Law ◽  
Judicial Power ◽  
Legal Research ◽  
Conceptual Approach ◽  
State Institutions ◽  
The Supreme Court

Circular issued by state institutions in the framework of the freies ermessen principle. Circular in administrative law is known as policy regulation/ belleidsregel. The Supreme Court as a state institution also has the authority to issue circular letters. This paper focused on the standard circular issued by the Supreme Court. This paper was legal research that was carried out with the statute approach and conceptual approach. Based on the analysis, circulars issued by the supreme court contained restrictions, namely that they should not influence the judge in examining the case.

scholarly journals Limitation of Application of Sharia Principles in Sharia Economic Dispute Resolution in Religious Courts

2020 ◽  
Vol 1 (1) ◽  
pp. 24
Author(s):  
Zaidah Nur Rosidah
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Secondary Data ◽  
Legal Basis ◽  
Literature Study ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Religious Courts ◽  
And Training

This paper aims to find the basis for the philosophical rationality of applying sharia principles in resolving sharia economic disputes in religious courts as well as the prerequisites required by religious court judges to apply sharia principles in resolving sharia economic disputes. The type of research used is normative legal research to find philosophical rationality and the institutionalization of sharia principles in resolving sharia economic disputes. The approach used is a conceptual approach. Secondary data were collected through literature study. The research results obtained first, the philosophical rationality of the application of sharia principles in sharia economic dispute resolution in line with the first and third principles of Pancasila. Second, the institutionalization of sharia principles becomes effective if there are prerequisites that must be met, firstly enough information for judges to understand sharia principles, secondly the obstacles that come from the judges themselves who are still oriented towards the flow of legism / positivism will have an effect on providing legal basis and third the speed of instilling the institutionalization of sharia principles can be done through education and training organized by the Supreme Court for Religious Court judges.

scholarly journals KAJIAN HUKUM TERHADAP PUTUSAN MAHKAMAH AGUNG ATAS PERKARA NO.825K/PDT.SUS-PHI/2015 TENTANG PEMUTUSAN HUBUNGAN KERJA KARENA ALASAN EFISIENSI

2018 ◽  
Vol 1 (1) ◽  
pp. 758
Author(s):  
Andika Pramana Putra ◽  
Rasji .
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Legal Research ◽  
Severance Pay ◽  
Court Judge ◽  
The Supreme Court ◽  
Court Proceedings ◽  
The Many

At this time layoffs for efficiency reasons are still a polemic because there are two different interpretations caused by the provisions of Article 164 Paragraph (3) of the Manpower Law. This raises problems in Manpower so it needs to be investigated in this paper is whether in case No.825K / Pdt.Sus-PHI / 2015 has been in accordance with the efficiency criteria set by Law Number 13 Year 2003 on Manpower. The research method used in this writing is the method of normative legal research. Based on the results of the analysis that layoffs for efficient reasons is one of the reasons of the many causes of layoffs provided for in Article 164 of the Manpower Act. In the case of No.825K / Pdt.Sus-PHI / 2015, the layoffs made by PT. PG. Gorontalo Unit PG. Tolangohula, to employees of Cindra Husain is not in accordance with the provisions set forth in Article 164 paragraph (3) of the Manpower Act specifically regulating the Amount of Severance Pay as it does not take into account the Wages of Workers during the Court proceedings. This is corroborated by the Supreme Court Judge declining the appeal of the cassation and the company is considered to have committed acts contrary to the Manpower Act.

scholarly journals DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION?

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 196-211
Author(s):  
Jasmaniar Jasmaniar ◽  
Sutiawati Sutiawati
Keyword(s):  
Domestic Violence ◽  
Supreme Court ◽  
Dispute Resolution ◽  
Legal Research ◽  
Civil Case ◽  
Civil Process ◽  
Legal Problems ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases

AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.

scholarly journals Environmental Pollution: Assessing the Criminal Liability of Corporations

2018 ◽  
Vol 4 (2) ◽  
pp. 194
Author(s):  
Hariman Satria
Keyword(s):  
Environmental Pollution ◽  
Supreme Court ◽  
Research Method ◽  
Criminal Liability ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Employee Relation ◽  
Toxic Wastes ◽  
The Supreme Court

The Supreme Court sentenced PT Dongwoo Enviromental Indonesia (PT DEI) for disposing of hazardous and toxic wastes polluting the environment. Meanwhile, PT Adei Plantation & Industry (PT API) was charged with crime for the destruction of land damaging the environment. The research method used is normative legal research, which focuses on two approaches: case approach and conceptual approach. The results show that, first, PT DEI and PT API are charged criminally represented by the board as functioneel daderschap or directing mind and will. Second, PT DEI is charged with subsidized charges, while PT API is charged to alternative charges. Third, PT DEI and PT API are said to have committed a criminal act because management either the directors or regular employees commits a criminal offense for and on behalf of the corporation or in favor of the corporation. Fourth, to prove a corporation fault is through the aggregation of management mistakes or controlling personnel or regular employees in the corporation structure. Fifth, the principal penalty imposed on PT DEI is a fine of Rp 1.500,000,000. Similarly, PT API is fined Rp 650.000.000. Sixth; PT DEI is charged to additional crime in the form of deprivation of profits and closure of the company while PT API is an improvement due to crime. Seventh, with the closing of the company, the judges did not order the executors to liquidate the assets of PT DEI. Eighth, the imposition of the company's closing sanctions should take into account the impacts, such as the termination of employee relation and the interests of shareholders.

scholarly journals PERAN LEMBAGA PERADILAN DALAM PEMBATASAN UPAYA HUKUM DALAM PERKARA PERDATA

2016 ◽  
Vol 28 (1) ◽  
pp. 1
Author(s):  
Bambang Sugeng Ariadi ◽  
Trisadini P. Usanti ◽  
Johan Wahyudi
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
District Court ◽  
Legal Action ◽  
Legal Remedy ◽  
The Supreme Court ◽  
Civil Cases ◽  
Court Of Appeal

In order to application of judicial principle is simple, fast and low cost is to reduce accumulation of cases in the Supreme Court especially at the level of Cassation. Along with the increasing number of incoming cases, and was sentenced in the District Court and Court of Appeal, the amount of the proposed decision legal remedy of Cassation to the Supreme Court also increased and began to be a serious problem. For that we need to do some research on role of Judiciary in Legal action restrictions in order to reduce the accumulation of civil cases. Penerapan asas peradilan yang sederhana, cepat dan biaya ringan bertujuan untuk mengurangi penumpukkan perkara di Mahkamah Agung, terutama pada tingkat Kasasi. Seiring dengan makin meningkatnya jumlah perkara yang masuk, dan diputus di PN dan PT, jumlah putusan yang diajukan upaya hukum Kasasi ke MA juga semakin meningkat dan mulai menjadi masalah serius. Untuk itu perlu dilakukan suatu penelitian tentang Peran Lembaga Peradilan dalam Pembatasan Upaya Hukum dalam rangka mengurangi penumpukkan perkara perdata.

Execution of a Sentence in the Structure of Criminal Proceedings: Procedural Stage or Special Court Proceedings?

2020 ◽  
Vol 1 ◽  
pp. 97-106
Author(s):  
V. V. Nikolyuk ◽  
◽  
L. A. Pupysheva ◽  
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Self In Relation ◽  
The Supreme Court ◽  
Court Proceedings

The article analyzes the concept of execution of a sentence as an independent stage of the criminal process (the stage of criminal proceedings). Arguments are given that point to its certain illogicality and inconsistency. The authors on the basis of existing legislation and taking into account the positions of Plenum of the Supreme Court additionally reasoned and substantiated the thesis of the existence of the criminal process self in relation to a criminal case of criminal procedure, regulated by Chapter 47 of the Code of criminal procedure.

scholarly journals Uloga institucije ombudsmena i sudova u sudskim postupcima povodom slučajeva diskriminacije u Bosni i Hercegovini

2019 ◽  
Vol 56 (3) ◽  
pp. 667-683
Author(s):  
Mirza Čaušević
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Bosnia And Herzegovina ◽  
General Information ◽  
Direct Discrimination ◽  
The Supreme Court ◽  
The Law ◽  
Court Proceedings ◽  
The Individual

When reading the article’s title, it is important to emphasize the role and importance of the Institution of the Ombudsman for Human Rights of Bosnia and Herzegovina, the most important national institution for the protection of human rights and fundamental freedoms. Consequently, according to the logic of thinking, it can be clearly concluded that the most important segment of action, above mentioned national institution, is to prevent or eliminate all forms of indirect and direct discrimination. Accordingly, the author decided, in addition to introductory and concluding considerations, to divide the article into four (4) parts. The first part of the article entitled “Theoretical Determination of Discrimination” provides general information on the concept, different forms and types of discrimination in accordance with the Law on Prohibition of Discrimination in Bosnia and Herzegovina. Unlike the first, in the second part of the article “The Role of the Ombudsman in the Probation of Discrimination Proceedings”, the Ombudsman aims to present the legal position of the ombudsman in court proceedings, with the mandatory indication of the conditions for initiating the proceedings on his own behalf, representing the individual and intervening in the ongoing proceedings. Through practical examples, the author seeks to emphasize the importance, role and importance of the ombudsman in court proceedings. Subsequently, in the third part of the “Role of Courts in the Probation of Discrimination Proceedings”, the author concentrates that, by using the Law on Prohibition of Discrimination, he presents court judgments that discriminate the education system of the Central Bosnia and Herzegovina Canton (non) discriminatory on the basis of the existing segregation in so called. “Two schools under one roof”. Thus, this section primarily analyzes the rejection of the aforementioned claims. Finally, in the fourth (working) section entitled “The Probation of Discrimination Proceeding before the Supreme Court of the Federation of Bosnia and Herzegovina”, the author presents positive and negative examples in the work of the Supreme Court of FBiH, and above all clarifies the process of proving discrimination before this court instance. The aim of this paper is to investigate the legal background of the Institution of the Ombudsman for Human Rights in Bosnia and Herzegovina, as well as judicial instances from the aspect of domestic (national) law, while, on the other hand, special attention is devoted to the actions of the FBiH Supreme Court in cases of discrimination.

18. Remedies and Appeals

2021 ◽  
pp. 640-668
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Supreme Court ◽  
Final Decision ◽  
Criminal Cases ◽  
Complicated Structure ◽  
The Supreme Court ◽  
Different Types ◽  
Civil Cases ◽  
Civil Courts ◽  
Usual Rule

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

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