scholarly journals CHALLENGE FOR ANNULMENT

2020 ◽  
Vol 13 (2) ◽  
pp. 38-48
Author(s):  
Ioana Dudaș
Keyword(s):  
Court Ruling ◽  
Legal Remedy ◽  
The Law

The challenge for annulment - an extraordinary legal remedy of withdrawal by which the parties or the prosecutor can obtain the cancellation of a court ruling in the cases exhaustively provided by law. It can be exercised for the purpose of withdrawing court rulings (judgments) that were pronounced in disregard of certain procedural rules, not for reasons of groundlessness. This article aims to highlight the object of the challenge for annulment, the persons who may advance a challenge for annulment, the conditions imposed by the law for the admissibility of such a challenge, and the possible solutions rendered by the court.

scholarly journals INTEGRASI LEMBAGA PENYELESAIAN SENGKETA ALTERNATIF DALAM PROSES ACARA PERADILAN PERDATA: STUDI TENTANG PUTUSAN PENGADILAN YANG DI MEDIASI BERDASARKAN PERMA NOMOR 1 TAHUN 2008

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
AAN Roy Sumardika
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Negotiation Process ◽  
Third Party ◽  
Mediation Process ◽  
Peace Agreement ◽  
Legal Concept ◽  
Legal Remedy ◽  
The Law ◽  
Court Proceedings

Mediation process means dispute resolution through negotiation process for obtaining a peace agreement between the parties by using a third party in settling the dispute. Article 130 HIR/154 RBg determines peace efforts may use since the trial began before a judge hands down the dispute. Mediation as part of the Alternative Dispute Resolution is a process outside the court, but Indonesian Supreme Court Rules No. 1/2008 integrates it in the court proceedings and allows the mediation process at the level of legal remedy. So the problem investigated is the court decision re-mediated and the peace agreement mediation results. The method used normative legal research by Legislation Approach and to deepen the research study also use a Legal Concept Analysis Approach which is intended to establish a view and legal arguments in solving the problem at hand. Case that has been decided by the courts is not possible to re-mediated. The mediation process at the level of legal remedy is contrary to the law, especially the provisions of Article 130 HIR / 154 RBg. Indonesian Supreme Court Rules as rules are hierarchically under the law (HIR/RBg) not justified material being regulated substance exceeding material are governed by higher laws. So Indonesian Supreme Court Rules No. 1/2008 can not be a legal basis to regulate the integration of mediation into the docket particularly about mediation at the level of legal remedy because the principle of lex superiori derogat legi inferiori and the principle of lex specialis derogat legi generali not met.

Kenya court ruling sets stage for new controversies

2017 ◽  
Keyword(s):  
Decision Making ◽  
Government Policy ◽  
Presidential Election ◽  
Court Ruling ◽  
Foreign Investments ◽  
Public Funds ◽  
Content Type ◽  
The Law ◽  
Business As Usual

Significance The unprecedented move overturned President Uhuru Kenyatta’s apparently comfortable victory over Raila Odinga by 54.2% of the vote to 44.7%. The court ruled on the basis of what it said was a failure of the Independent Electoral and Boundaries Commission (IEBC) to follow the law in the transmission of the results. The court has 21 days to release a final judgment giving a detailed justification, while the IEBC must hold a fresh presidential election within 60 days. Impacts Further use of public funds for the election will exacerbate fiscal strains for the next presidency. Delays to government policy and decision-making will slow domestic and foreign investments. Although unlikely, an Odinga presidency could introduce less business-as-usual policies towards large investors.

scholarly journals HOW MUCH MIGHT IS RIGHT? Application of Section 49 of the Criminal Procedure Act

2006 ◽  
Author(s):  
Traggy Maepa
Keyword(s):  
South African ◽  
Use Of Force ◽  
Criminal Procedure ◽  
The State ◽  
Constitutional Court ◽  
Court Ruling ◽  
The South ◽  
Standards Of Practice ◽  
The Law

In 1998 the South African parliament voted on the issue of the use of force when effecting an arrest, in order to bring standards of practice in line with the rest of the democratic world. Four years later the law still has not been signed by the state president, largely due to protests by the ministers of Justice and Constitutional Affairs and Safety and Security. The issue has been before the Constitutional Court and in May 2002, this court did what the executive was afraid to do, striking down parts of the Section and clarifying “reasonable force”. But the court ruling still did not go as far as the legislation in protecting citizens.

scholarly journals KEDUDUKAN DISSENTING OPINION DALAM PERKARA TINDAK PIDANA KORUPSI

2018 ◽  
Vol 2 (2) ◽  
pp. 203-217
Author(s):  
Dewi Ratnasari Rustam
Keyword(s):  
Rule Of Law ◽  
Freedom Of Speech ◽  
The Other ◽  
Court Ruling ◽  
The Rule Of Law ◽  
The Public ◽  
Other Hand ◽  
Difference Of Opinion ◽  
The Law ◽  
The Difference

Dissenting opinion is the difference of opinion between the Tribunal judges who handle certain a matter with other judges of the Tribunal dealing with certain cases. Dissenting opinion does not have the force of law because it cannot be the Foundation for the inception of the award. Dissenting opinion itself is an aspect of the law that need to be examined in order to prevent the formation of false opinion among the public. So, nowadays have started to formed the perception that dissenting opinion was an engineering law, instead of enforcing the rule of law but rather media that gave the opportunity for the defendant in corruption regardless of criminal trapping; but on the other hand is a form of difference of opinion and the independence of the judges as the metre is guaranteed by the provisions of the law; that the importance of dissenting opinion in the Court ruling was the judge's opinion be weighted, in an attempt of law appeal or cassation; as an indicator to determine the career judge, as an attempt to avoid the practice of corruption, Collusion and Nepotism (KKN) and the judicial mafia; as a real step towards the transparency of judicial democratization; the judiciary; and kemandiarian the judge require the freedom of speech.

scholarly journals NEW FACTS AND NEW EVIDENCE AS THE BASIS FOR REOPENING AN ADMINISTRATIVE DISPUTE IN THE REPUBLIC OF SRPSKA

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Dražen Miljić
Keyword(s):  
Legal Basis ◽  
Legal Remedy ◽  
The Law ◽  
The Republic ◽  
New Evidence

According to the Law on Administrative Dispute of Republic ofSrpska, new facts and new evidence present a legal basis that provides thepossibility for the dissatisfied parties to request a reopening of an administrativedispute even after alegally binding decision. However, although the partiesjustifiably and frequently try to use this legal remedy, in practice, it is rarelyallowed to apply it. This paper deals with the causes of such actions.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG MENGALAMI KERUGIAN AKIBAT PENGIRIMAN BARANG OLEH PERUSAHAAN EKSPEDISI LAUT MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

2021 ◽  
Vol 2 (01) ◽  
pp. 12-23
Author(s):  
Roida Nababan ◽  
Martono Anggusti ◽  
Sonya Lorensa Sirait
Keyword(s):  
Consumer Protection ◽  
Dispute Settlement ◽  
Road Traffic ◽  
Shipping Company ◽  
Legal Remedy ◽  
Peaceful Settlement ◽  
The Law ◽  
Settlement Of Disputes ◽  
Actual Price

The responsibility of the shipping company in reimbursing losses suffered by consumers in the delivery of goods resulting from damage to goods or loss of goods then looking for evidence that damage and loss of goods occur due to transportation of goods to the detriment of the consumer in accordance with Article 188 of Law No. 22 of 2009 concerning Road Traffic and Transportation and Article 1 number 1 of Law No.8 of 1999 concerning Consumer Protection. From the results of the study it can be concluded that first, if the goods transported are lost / stolen or damaged due to the fault of the transporting company, then he must be responsible. Second, the legal efforts undertaken by the consumer, namely the resolution of disputes outside the court, the peaceful settlement of disputes by the parties to the dispute is a legal remedy that was first attempted by the parties to the dispute, before the parties chose to settle the dispute through the Consumer Dispute Settlement Agency. The results of the study the authors provide advice to protect consumers, shipping companies responsible for compensation for goods / or services must be replaced with the actual price of goods in accordance with the law by looking at a written contract that is agreed between the business actor and the consumer.

After Obergefell: On Marriage and Belonging in Carson McCullers’s Member of the Wedding

2019 ◽  
pp. 131-144
Author(s):  
Sarah Song
Keyword(s):  
Supreme Court ◽  
Gay Rights ◽  
Court Ruling ◽  
Same Sex ◽  
Supreme Court Ruling ◽  
Same Sex Marriage ◽  
Civil Unions ◽  
Same Sex Couples ◽  
Temporal And Spatial ◽  
The Law

The 2015 U.S. Supreme Court ruling in favor of same-sex marriage in Obergefell v. Hodges was a historic day for gay rights as well as for the institution of marriage. The Court's decision led many of the states that introduced marriage equality prior to Obergefell to eliminate civil unions on the grounds that same-sex couples could now get married. A reading of Carson McCullers's novel The Member of the Wedding in the context of Obergefell reveals the shadow marriage casts over nonmarital affinities and relationships. McCuller's protagonist, Frankie, desires not to join the wedding as a member but to disrupt it. Through Frankie's wedding fantasies, McCullers illuminates forms of belonging that are ostensibly outside the law and that move across temporal and spatial boundaries, unseating marriage as the measure of all relationships.

DINAMIKA YURISPRUDENSI MAHKAMAH AGUNG DALAM BIDANG PERDATA ISLAM

2011 ◽  
Vol 3 (2) ◽  
Author(s):  
Hasbi Hasan
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Islamic Law ◽  
Civil Law ◽  
Court Ruling ◽  
Background Factor ◽  
Supreme Court Ruling ◽  
Positive Law ◽  
The Supreme Court ◽  
The Law

<p><strong>This article </strong>discussed the dynamics of the Supreme Court jurisprudence in the legal setting, the problems that want revealed is how the dynamics of the Supreme Court ruling in Islamic law and what the aspects of philosophical and sociological background is. The results obtained indicates that the decisions of the Supreme Court in the civil law of islam have experienced a shift from the traditional framework of islamic law (conventional fiqh)</p> <p>into the framework of positive law (legislation fiqh). The shift was marked by a strong legislative paradigm both at the level of the law application (rechtshandhaving) and the discovery of the law (rechtsvinding). The issue of of justice, gender equality, and human rights is assumed as the background factor of the dynamics thought of Islamic law in the Supreme Court.</p> <p> </p> <p>Artikel ini mendiskusikan Dinamika Yurisprudensi Mahkamah Agung Ri dalam menetapkan hukum, permasalahan yang ingin diungkap adalah  bagaimana dinamika putusan Mahkamah Agung dalam bidang hukum islam dan apakah aspek-aspek filosofis dan sosiologis yang melatar belakangi terjadinya hal tersebut. hasil yang diperoleh menunjukkan bahwa putusan-putusan Mahkamah Agung dalam hukum perdata islam telah mengalami pergeseran dari kerangka hukum islam tradisional (fiqh konvensional) ke  kerangka  hukum  positif  (fiqh perundang-undangan).  Pergeseran  tersebut  ditandai oleh kuatnya paradigma legisme baik pada level penerapan hukum (rechtshandhaving) maupun penemuan hukum (rechtsvinding). Isu keadilan, kesetaraan gender, dan hAM diasumsikan sebagai faktor yang melatar belakangi dinamika pemikiran hukum Islam di Mahkamah Agung.</p> <p> </p>

Legal Subjectivity Among Youth Victims of Sexual Abuse

2014 ◽  
Vol 39 (01) ◽  
pp. 31-61 ◽  
Author(s):  
Heather R. Hlavka
Keyword(s):  
Limited Attention ◽  
Social Location ◽  
Legal Socialization ◽  
Forensic Interviews ◽  
Socialization Theory ◽  
Legal Subjectivity ◽  
Legal Remedy ◽  
Reporting Behaviors ◽  
The Law ◽  
Legal Subjects

How do youth experience and understand the law? How is law regarded and communicated? Youth's legal subjectivity has received limited attention in the sociological and legal literatures, especially as it relates to crime‐reporting behaviors. Drawing on legal socialization theory and procedural justice, I show how youth, as legal subjects, described the law and how those descriptions differed by social location. Using a diverse sample, I examined narratives produced during forensic interviews following reports of sexual victimization. Rather than passive victims, youth act on, and within, institutions. In their own words, youth describe experiences with state systems that animated their understandings of law and criminal justice processes. They reveal how shared frameworks of understanding affected legal subjectivity, shaped their evaluations of the law, and influenced participation in state systems so that perhaps those most in need of legal remedy are those most unlikely to seek it.

scholarly journals Discourses of Legal Certainty in Execution of Administrative Court Decision

2019 ◽  
Vol 2 (2) ◽  
pp. 89
Author(s):  
Nyoman Martana ◽  
Putu Ade Hariestha Martana ◽  
Kadek Agus Sudiarawan ◽  
Bagus Hermanto
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Empirical Method ◽  
Court Ruling ◽  
Legal Certainty ◽  
Law System ◽  
Government Administration ◽  
Procedural Law ◽  
The Law

After the enactment of the Law of Government Administration implied the regulation concerning the execution of the Administrative Court Judgment. Some pro-cons academic and practice discourses, arguing that the enactment of the Law of Government Administration is the culminating point from the limited role of the Administrative Court on enforcing  the administrative law and the argument that the regulation of the Law of Government Administration contains various ambiguities norms in concern with implementation in the Administrative Procedural Law System. This study aims to analyze and discuss concerning the regulation of the provisions of the Administrative Court Ruling execution, constrains in judgment execution and the legal certainty for the justice seekers in the provisions of the Administrative Court Ruling execution after the enactment of the Law of Government Administration. This paper is using a normative and empirical method. The data that using consisted of primary and secondary data, were analyzed using qualitative methods. This study result is presented in a descriptive analysis paper.

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