scholarly journals Legal Efforts for Notary Who Becomes a Defendant in Civil Cases Regarding the Deed He/She Made

2019 ◽  
Vol 6 (3) ◽  
pp. 576
Author(s):  
Frana Busrizal ◽  
Yuslim Yuslim ◽  
Khairani Khairani
Keyword(s):  
Secondary Data ◽  
Formal Proof ◽  
High Court ◽  
The Public ◽  
Civil Case ◽  
The Supreme Court ◽  
Written Form ◽  
Civil Sector ◽  
Made In

In Indonesia, a notary is one of the positions that provides services to the public in the inclusion of their wishes in written form. However, in reality, the role of the notary, in providing services in the civil sector, also often places them as a defendant or co-defendant in a case between the parties to the dispute. Thus, it raises the presumption that the notary is a party to the deed. The formulation of the problems in this study include: a) How is the legal effort for the notary who became a defendant in a civil case related to the deed he/she made? b) How is the strength of proof on the deed that the notary made? c) What efforts have been made by the notary to defend the deed he made? This study applies a sociological juridical approach. In addition, this study uses primary and secondary data in which they are analyzed qualitatively. The results of the study indicate that: 1) In the case of a notary who is also a defendant in a civil case, the provisions of Article 66 of the Law of Notary Position do not apply to him/her. So, in order to protect themselves and their positions in court, the notary may make several legal efforts. The first, before the verification phase in the court, is to make a claim of reconciliation. The second, after the decision of the panel of judges, is to make an ordinary legal effort; i.e. appeal to the High Court, appeal to the Supreme Court and review. Then, the effort of the resistance law (verzet) was carried out on the decision of the verstek. 2) The strength of proof of the notarial deed is divided into 3 (three) types, i.e. the strength of outward proof, the strength of formal proof, the strength of material proof. 3) Efforts made by the notary to defend the deed that he/she made are divided into 2 (two) types: first is before a lawsuit takes place in the court and second after a claim is made in court.

scholarly journals Peran Tuha Peut Dalam Pengembangan Reusam Perlindungan Anak Yang Berhadapan Dengan Hukum (ABH) Di Aceh Besar

Simulacra ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Mansari Mansari
Keyword(s):  
Child Protection ◽  
Secondary Data ◽  
Community Leaders ◽  
Primary Data ◽  
The Public ◽  
The Family ◽  
Written Form ◽  
Public Behavior ◽  
Data Source

<em>Some gampongs in Aceh Besar have established gampong reusam on child protection in written form. Reusam which usually regulates public behavior about habits undertaken by the public in an unwritten form, is now beginning to be written in written form. The formation of gampong reusam was formed by Tuha Peut Gampong which was discussed together with the keuchik and community leaders of the gampong. This research aims to find out how the process of reusam formation of child protection in Aceh Besar and how the role of Tuha Peut in determining the direction of development of child protection reusam in Aceh Besar. This research uses qualitative research with data source from primary data obtained through interview with Keuchik, Tuha Peut Gampong and Female Woman. Secondary data is obtained through documentation studies in the library. The results showed that the process of forming a village reusam on Child Protection was established through the involvement of elements and community leaders, even women were involved in the preparation. Tuha Peut has an important role in the development of a gampong reusam that adopts local and applicable local values in Aceh. These values are deliberation, mediation and the use of adat sanctions for child offenders in cases that occur, such as Advice, Warning, apology, fines, compensation, returned to the family, Establishment of Child Protection Committees dealing with law and engagement government agencies.</em>

scholarly journals Ideal Execution of Civil, Cases Based on Principles of Justice to create a Simple and Low-cost Judiciary

2020 ◽  
Vol 2 (6) ◽  
pp. 70-77
Author(s):  
Irma Garwan
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
Secondary Data ◽  
District Court ◽  
High Court ◽  
Civil Case ◽  
The Supreme Court ◽  
Principles Of Justice ◽  
Discovery Method ◽  
The Ideal

Execution of civil case decision at the normative and implementative levels often causes juridical, sociological, and philosophical problems. The juridical problems may arise since the norms that regulate execution are often too short, simple, and not detailed; this could also cause problems at the implementative level. On top of that, the problems may be caused by a non-executable legally-binding decision (inkracht van gewijs de zaak). The objectives of the study are to investigate the ideal implementation of execution for the winning party to be in accordance with the provisions in Article 2 para. (4) and Article 4 para. (2) of Law No. 48/2009 concerning Judicial Power. The study employs a juridical, normative, and historical approach, as well as an in-concreto law discovery method. The study involved secondary data acquired from the review of relevant legal literatures. The data were analyzed and presented qualitatively. The results reveal that the principles of simple, fast, and low-cost judiciary is actualized if, in practice, the District Court Chief does not have to wait for the High Court Chief’s approval. Therefore, the Supreme Court shall prepare personnel (who have been appointed as Civil Servants) as the instruments to carry out the execution of legally-binding decisions.

scholarly journals The Metamorphosis of Written Devotion in the Age of Vatican II (c. 1948–c. 1998) in Hungary—Guestbooks in Hungarian Marian Shrines

Religions ◽  
2021 ◽  
Vol 12 (4) ◽  
pp. 235
Author(s):  
Krisztina Frauhammer
Keyword(s):  
20Th Century ◽  
Vatican Ii ◽  
Virgin Mary ◽  
Combined Effect ◽  
Public Realm ◽  
The Public ◽  
Written Form ◽  
Personal Prayer ◽  
The Church

This article presents the Hungarian manifestations of a written devotional practice that emerged in the second half of the 20th century worldwide: the rite of writing prayers in guestbooks or visitors’ books and spontaneously leaving prayer slips in shrines. Guestbooks or visitors’ books, a practice well known in museums and exhibitions, have appeared in Hungarian shrines for pilgrims to record requests, prayers, and declarations of gratitude. This is an unusual use of guestbooks, as, unlike regular guestbook entries, they contain personal prayers, which are surprisingly honest and self-reflective. Another curiosity of the books and slips is that anybody can see and read them, because they are on display in the shrines, mostly close to the statue of Virgin Mary. They allow the researcher to observe a special communication situation, the written representation of an informal, non-formalised, personal prayer. Of course, this is not unknown in the practice of prayer; what is new here is that it takes place in the public realm of a shrine, in written form. This paper seeks answers to the question of what genre antecedents, what patterns of behaviour, and which religious practices have led to the development of this recent practice of devotion in the examined period in Hungarian Catholic shrines. In connection with this issue, this paper would like to draw attention to the combined effect of the following three factors: the continuity of traditions, the emergence of innovative elements and the role of the church as an institution. Their parallel interactions help us to understand the guestbooks of the shrines.

scholarly journals Evaluation of the Effectiveness of Brazilian Community Restaurants for the Dimension of Low-Income People Access to Food

Nutrients ◽  
2021 ◽  
Vol 13 (8) ◽  
pp. 2671
Author(s):  
Mateus Santana Sousa ◽  
Camila Silveira Silva Teixeira ◽  
Jamacy Costa Souza ◽  
Priscila Ribas de Farias Costa ◽  
Renata Puppin Zandonadi ◽  
...  
Keyword(s):  
Low Income ◽  
Formal Education ◽  
Average Energy ◽  
Secondary Data ◽  
Target Population ◽  
Service Capacity ◽  
The Public ◽  
The Government ◽  
Access To Food

This study aimed to evaluate the effectiveness of community restaurants (CRs), managed by the Government of the State of Bahia/Brazil, for the dimension of access to food. The study used secondary data obtained from the public opinion survey Profile of users of community restaurants in Salvador. The nutritional information was accessed through the analysis of CRs’ menus. Adequate effectiveness of access to food was considered when the CR served meals to 50% to 70% of the users considered the target audience (individuals served by the two CRs located in the city of Salvador/Bahia/Brazil). The participants (n = 1464; 778 as low-income individuals) were adult CR users from Salvador/Brazil. Most of the respondents were male, 40 to 54 years old, not white, had up to 9 years of formal education, without a partner, and living in the municipality of Salvador. The evaluated CRs are effective in serving 53.1% of the target population in their total service capacity. Meal provision only reached an estimated 0.7% of the socially vulnerable community in the district. The average energy value of the meal served by the CR units was 853.05 kcal/meal, with a mean energy density composition classified as average (1.15 kcal/g). The effectiveness of the evaluated community restaurants showed that these instruments were minimally effective in promoting access to food for the low-income population within their total daily service capacity, and the current quantity of these facilities was insufficient. However, these instruments stand out in the fundamental role of promoting the daily distribution of meals to the Brazilian population with the highest social vulnerability levels.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

scholarly journals Bilingualism, cognition, and aging

2014 ◽  
Vol 18 (1) ◽  
pp. 1-2 ◽  
Author(s):  
JUBIN ABUTALEBI ◽  
HARALD CLAHSEN
Keyword(s):  
Foreign Language ◽  
Old Age ◽  
Experimental Research ◽  
State Of The Art ◽  
The Public ◽  
Potential Benefits ◽  
Cognition And Aging ◽  
The Guardian ◽  
Made In

Topics in psycholinguistics and the neurocognition of language rarely attract the attention of journalists or the general public. One topic that has done so, however, is the potential benefits of bilingualism for general cognitive functioning and development, and as a precaution against cognitive decline in old age. Sensational claims have been made in the public domain, mostly by journalists and politicians. Recently (September 4, 2014) The Guardian reported that “learning a foreign language can increase the size of your brain”, and Michael Gove, the UK's previous Education Secretary, noted in an interview with The Guardian (September 30, 2011) that “learning languages makes you smarter”. The present issue of BLC addresses these topics by providing a state-of-the-art overview of theoretical and experimental research on the role of bilingualism for cognition in children and adults.

scholarly journals Mitigating building collapse in Nigeria

2020 ◽  
Vol 5 (3) ◽  
pp. 449-458
Author(s):  
Williams Barnabas Qurix ◽  
Rahila Gugule Doshu
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Policy Makers ◽  
Building Collapse ◽  
The Public ◽  
For Profit ◽  
Previous Decade ◽  
Building Information ◽  
Engineering Designs

The past ten years (2010- 2020), an overwhelming number of buildings (forty-eight) have collapsed in Nigerian urban cities, with about 77% rise from the previous decade. To address this menace, the study aimed at exploring major causes of building collapse in Nigeria as perceived by building industry professionals, policy makers and the public; with a view of establishing effective ways for mitigation. The primary data were obtained from Questionnaires and field observations while secondary data were obtained from textbooks, Journal articles and newspapers.   The results revealed that factors such as change of use for building without following professional protocols is a major cause of building collapse. Poor supervision or lack of supervision by qualified professionals; substandard materials, structural failure; government controlling agency not monitoring projects and standards are compromised, a significant amount (27.7%) of collapse cases recorded during constructions. Other factors include faulty architectural and engineering designs; clients not ready to pay for quality jobs and contractors cut corners for profit. The study recommends use of Building Information Modelling to predict behaviour of buildings under various loading and environmental conditions. Also, only certified professionals should carry out design and supervision of projects. Further research should evaluate the role of technology on existing buildings to check the level of safety for occupants’ in such buildings.  

scholarly journals COLLECTIVE MEMORY “JUM’AT KELABU” DI BANJARMASIN (PERSPEKTIF RESOLUSI KONFLIK ATAS PERISTIWA 23 MAY 1997)

2017 ◽  
Vol 16 (2) ◽  
pp. 75
Author(s):  
Husnul Khotimah
Keyword(s):  
Collective Memory ◽  
Secondary Data ◽  
Peace Building ◽  
The Public ◽  
Post Conflict ◽  
Strategic Role ◽  
The Public Sphere ◽  
Friday Prayer ◽  
The City

This paper intends to explore the events of the conflict on 23 May 1997 from the aspect of the peaceful resolution. Where a peace-building effort is needed to maintain a peaceful situation. With the collective memory being represented in the present mass, it is part of the form of efforts in fostering post-conflict sustainable peace. Through the elements of society (Non-Governmental Actor) the memory of conflict is represented in the public sphere as a form of warning against forgetting over history.The role of a non-governmental actor in peacebuilding has a strategic role in resolving conflicts and building peace post-conflict. There are three things raised in this research that is: The incident of conflict "Jum'at Kelabu" in the city of Banjarmasin in 1997, a collective memory form of conflict that built elements of society after the conflict, and the views of elements of society to the collective memory that was represented in the present in the effort to build peacebuilding. This research is a qualitative research, using a sociology-historical approach. The method used in data collection is through observation, interview, and documentation as secondary data. From the results of data analysis, the following results are obtained: the conflict that occurred in Banjarmasin city has a long chronology, the cause of this conflict is an unclear campaign route, the party base that controls Banjarmasin, because the mass of one the OPP that interfere with the Friday prayer, and aggressiveness of campaign participants. The form of peacebuilding efforts of the elements of society is to take peaceful action down the street, discussion/dialogue, and watching a documentary film. Elements of society argue that bringing back the memory of the conflict has two impacts: negative and positive impacts on people’s lives thereafter. These efforts need to be built to create an awareness that the conflict is painful, unpleasant and disturbing so hopefully it will never happen again.

scholarly journals The Implementation of E-Court in Administrative Court to Develop Access to Justice in Indonesia

2020 ◽  
Vol 9 (1) ◽  
pp. 105-109
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Access To Justice ◽  
The Public ◽  
Left Behind ◽  
Use Of Technology ◽  
Litigation Process ◽  
Development Goals ◽  
Research Questions

Administrative Court has an absolute competence to settle administrative disputes. Sustainable Development Goals is a program conducted by United Nations with seventeen goals and the aims is no one left behind. The difficulty to get access to justice is one issue of SDG’s. This is normative legal research and research data used are secondary data, and data will be analyzed using descriptive analysis. Research questions are how the role of administrative court in e-court is, and how access to justice from is administrative court perspectives. Development of technology gives benefits also in litigation process, and judiciary systems in Indonesia have implement the use of technology into regulations. Judiciary system developed the e-court with aims to increase the public service of judiciary system. Implementation of e-court for Administrative Court cannot fully electronically, since there are two processes which cannot implement using the technologies. The absolute competence of Administrative Court become broaden, after Law Number 30 Year 2014 of Governance Administration stipulated, which gives access to justice become easier for people to protect their rights. The novelty is Administrative Court using hybrid system between the conventional and modern system, since dismissal process and preparatory examination should be done before enters the court room. The shifting paradigm of administrative law gives more access to justice for justice seeker, because it gives more competence to Administrative Court.

scholarly journals The Role Of The Notary Deed Against Making Special Power Of Attorney To Say “Talaq” In Application Divorced In Religious Court

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 921
Author(s):  
Dwi Indah Wahyuningsih ◽  
Gunarto Gunarto ◽  
Achmad Sulchan
Keyword(s):  
Data Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Power Of Attorney ◽  
Special Power ◽  
Made In

The purpose of this study were: 1) to identify and analyze the role of the notary to manufacture special power of attorney notarized deed oath in filing for divorce in the Religious Court. 2) To identify and analyze the constraints notary in the manufacture of a special power of attorney notarized deed oath in filing for divorce in the Religious Court. The data used in this study are primary data, secondary data, and the data to support the assessment tertiary then analyzed with normative juridical method. Based on the results of data analysis concluded that: 1) In the implementation of the signing of the deed notarized power of special oath divorce in filing for divorce in the Religious of the parties, giving the power of attorney privilege and receiving power of attorney privilege to be present and facing the notary as the deed notarized letter The special power, because the authorizing unable to attend the oath of divorce in the Religious; 2) The provisions of the terms to make a notarized certificate of the applicant should include both the giver and the recipient of a special power of attorney and shown directly to the notary who will make the notary deed so that certificates can be made in accordance with existing procedures.Keywords: Notary; Special Power of Attorney; Notary Deed

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