ROLE OF THE COURT IN THE PROCESS OF EVIDENCE ON THE EXAMPLE OF RESOLUTION OF LAND DISPUTES IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

2019 ◽  
Vol 9 (1) ◽  
pp. 411-422
Author(s):  
A.Kh. KHISAMOV
Keyword(s):  
Land Disputes ◽  
Administrative Proceedings

The features of dispositiveness in administrative proceedings

2021 ◽  
pp. 746-750
Author(s):  
S.P. Portyankina
Keyword(s):  
Active Role ◽  
Administrative Proceedings

This article examines the issues of the principle of dispositiveness in administrative proceedings. The active role of the court in the proceedings on cases arising from administrative legal relations is revealed in this paper.

scholarly journals THE ROLE OF “KERAPATAN ADAT NAGARI (KAN)” IN SOLVING THE DISPUTE OF COMMUNAL LAND

2021 ◽  
Vol 6 (2) ◽  
pp. 329
Author(s):  
Faisal Bukhari
Keyword(s):  
Problem Formulation ◽  
Legal Basis ◽  
Religious Philosophy ◽  
Land Disputes ◽  
The Family ◽  
Communal Land ◽  
Sense Of Justice

According to miankabaunese’s traditional law, when a dispute or disagreement occurs in a community, it is resolved by consensus among members of the clan or clan leaders which ends in the fellowship of local custom assosiation called with “Kerapatan Adat Nagari (KAN)”. The problem formulation of this research is; what is the role of Kerapatan Adat Nagari (KAN) in resolving communal land (tanah Ulayat) disputes in one of local villager called Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency? and how the efforts of Kerapatan Adat Nagari (KAN) to overcome obstacles in resolving communal land disputes in Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency. The method of the research is an empirical juridical approach. The conclusion of research is that the role of Kerapatan Adat Nagari (KAN) of Bukik Sikumpa of Lima Puluh Kota district is as the mediator any disputes where the provisions of Perda No. 7 of 2018 as the legal basis. This provision declares that every local villagers have to prioritie in conducting local wisdom deliberation as solving problem among the family, community, and tribal levels. Kerapatan Adat Nagari (KAN) acts as an intermediary in resolving disputes if these three domains of local deliberation have been taken by the disputing families. Due to local religious philosophy "Adat basandi syarak, syarak basandi Kitabullah", every customari chiefs whether they are members of the Kerapatan Adat Nagari (KAN) or who are not, should increase the sense of justice and be wiser for people's trust restoration.

Xerox, Inc.

2011 ◽  
Vol 26 (1) ◽  
pp. 219-240 ◽  
Author(s):  
Edward Seipp ◽  
Sean Kinsella ◽  
Deborah L. Lindberg
Keyword(s):  
Financial Reporting ◽  
Real Life ◽  
Financial Statement ◽  
Audit Risk ◽  
Professional Skepticism ◽  
Audit Failure ◽  
Financial Reporting Standards ◽  
Illegal Acts ◽  
Administrative Proceedings

ABSTRACT: This audit case examines an interesting real-life instance of financial statement manipulation by a client (Xerox, Inc.) and the related audit failure by the audit firm (KPMG). The facts of this case are drawn from several SEC Accounting Enforcement and Administrative Proceedings Releases. Learning objectives specific to this case include an increased awareness of the importance of reserves, including when their use is appropriate or inappropriate; better understanding of the role of a concurring partner; improved perception of when departures from GAAP are improper; a heightened awareness of the importance of professional skepticism; the identification of audit risk factors; exposure to International Financial Reporting Standards (IFRS); and identification of illegal acts by a client’s management.

scholarly journals Judicial Interpretation of the Tax Law Provisions and Protection of the Subjective Rights of Taxpayers – In the Light of Art. 153 of the Act on Proceedings Before Administrative Courts in Poland

2013 ◽  
Vol 33 (1) ◽  
pp. 77-99
Author(s):  
Anna Dumas ◽  
Piotr Pietrasz
Keyword(s):  
Crucial Role ◽  
Tax Law ◽  
Judicial Interpretation ◽  
Administrative Authority ◽  
Legal Assessment ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Proceedings ◽  
Subjective Rights

Abstract This article refers to the issues associated with the crucial significance of the interpretation of tax law provisions made by administrative courts in the course of the judicial inspection of tax decisions, within the context of protecting the subjective rights of taxpayers. The analysis in that regard has been prepared based on the provisions of art. 153 of the Act of 25 July 2002 on Proceedings before Administrative Courts, which expresses the important rule of binding the court and the administrative authority, whose act was the subject of an appeal, with a legal assessment and instructions regarding the further proceedings described in the decision of the administrative court. As a result of this rule, a decision of an administrative court exerts the results exceeding the scope of judicial administrative proceedings, while its effect also covers the future tax proceedings. If the legal assessment made by the court refers to the regulations that affect the subjective rights of a taxpayer, it means that the administrative court imposes the effects of “its” interpretation of those provisions on a tax authority. In turn, the tax authority is obliged to respect those rights in accordance with the opinions of the court, which usually affects the final resolution of a tax case. It should be borne in mind that a taxpayer, by submitting an appeal against a tax decision to an administrative court, demands not only an inspection of the acts of tax administration, but also - which should be emphasized - demands the execution of its rights, including its subjective rights. Therefore, we should not forget the crucial role of the administrative courts in the protection of the substantive rights of taxpayers. The instrument that allows the administrative courts to guard the subjective rights of taxpayers, consists in the procedural regulations included in the provisions on proceedings before administrative courts, and in particular art. 153 of the Act on Proceedings before Administrative Courts in Poland.

scholarly journals The Practice of Introducing Restrictions on the Right to Freedom of Peaceful Assembly within Administrative Proceedings and the Place of the Judicial Branch of Power in Determining the Admissibility of Such Restrictions

2020 ◽  
Vol 90 (3) ◽  
pp. 162-176
Author(s):  
М. А. Самбор
Keyword(s):  
Supreme Court ◽  
Executive Branch ◽  
Constitutional Court ◽  
Administrative Discretion ◽  
The Supreme Court ◽  
Executive Agencies ◽  
Administrative Proceedings ◽  
The Right ◽  
Legal Understanding

The author has researched the practice of the executive branch of power of Ukraine in establishing a collective (general) ban and restriction of the right to freedom of peaceful assembly under quarantine, as well as the place and role of the judicial branch of power represented by the Supreme Court and the Constitutional Court of Ukraine in determining the constitutionality of such restrictions and prohibitions. The powers of the Supreme Court on the constitutional submission to the Constitutional Court of Ukraine on the constitutionality of the Resolution of the Cabinet of Ministers of Ukraine “On quarantine to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2 and stages of weakening of anti-epidemic measures” dated from May 20, 2020 No. 392 on the establishment of a ban on the exercise of the right to freedom of peaceful assembly within administrative proceedings during the introduction of quarantine in Ukraine, as well as the justification of such a constitutional submission. It is important to analyze and form a legal understanding of the Decision of the Constitutional Court of Ukraine on the unconstitutionality of restricting and prohibiting the exercise of the right to freedom of peaceful assembly during quarantine within administrative proceedings – by adopting the relevant resolution by the Cabinet of Ministers of Ukraine, which was the result of administrative discretion of the highest agency in the system of executive agencies of Ukraine. In this regard, the study focuses on the motivation and validity of the decision of the agency of constitutional jurisdiction and understanding of those legal and social values that were the basis for the judges of the Constitutional Court of Ukraine while adopting the decision dated from August 28, 2020 No 10-r/2020.

scholarly journals Pembentukan Pengadilan Agraria dalam Penyelesaian Sengketa Pertanahan Di Indonesia

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Cindy Nabila Saraswati ◽  
Atik Winanti
Keyword(s):  
Journal Writing ◽  
District Courts ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Land Dispute ◽  
Land Disputes ◽  
The Status ◽  
Administrative Courts ◽  
Very High

AbstractThe background of this research is due to the high number of land disputes in Indonesia that have not been resolved by the District Courts and State Administrative Courts. Land dispute cases that have not been resolved and are still in the process of being resolved result in the absence of legal certainty and expediency to the disputing parties over the status of the disputed land.This journal writing focuses on the role of the District Courts and State Administrative Courts in resolving land disputes in Indonesia and the urgency of establishing a special agrarian court to realize legal certainty and benefits.The research method used in writing this journal is juridical normative through a conceptual approach and a statutory approach. The results of this research is that the District Courts and State Administrative Courts have not been able to resolve existing land disputes optimally, this can be seen from the very high percentage of land disputes and it is necessary to establish an Agrarian Court as a Special Court that will resolve land disputes in Indonesia, a judgement issued by a Agrarian Court will provide more legal certainty and expediency to the disputing parties.Keyword: Agrarian Court, Special Court, Land Disputes, Legal Certainty, Expediency. AbstrakLatar belakang dilakukannya penelitian ini dikarenakan tingginya angka sengketa pertanahan di Indonesia yang belum terselesaikan oleh Pengadilan Negeri dan Pengadilan Tata Usaha Negara.  Kasus sengketa pertanahan yang belum terselesaikan dan masih dalam proses penyelesaian mengakibatkan tidak adanya kepastian hukum dan kemanfaatan hukum kepada para pihak yang bersengketa atas status tanah yang dipersengketakan. Penulisan jurnal ini bertujuan untuk mengetahui peran Pengadilan Negeri dan Pengadilan Tata Usaha Negara (PTUN) dalam mengatasi sengketa pertanahan di Indonesia dan urgensi pembentukan pengadilan khusus agraria untuk mewujudkan kepastian dan kemanfaatan hukum. Metode penelitian yang digunakan dalam penulisan jurnal ini adalah yuridis normatif melalui pendekatan pendekatan konseptual dan pendekatan perundang-undangan. Hasil dari penelitian ini menjelaskan bahwa Pegadilan Tata Usaha Negara dan Pengadilan Negeri belum bisa menyelesaikan sengketa pertanahan yang ada secara optimal  hal ini terlihat dari presentase angka sengketa pertanahan masih sangat tinggi, dan diperlukan adanya pembentukan Pengadilan Agraria sebagai Pengadilan Khusus yang akan menyelesaikan sengketa pertanahan di Indonesia, putusan yang dikeluarkan oleh pengadilan khusus pertanahan akan lebih memberi kepastian hukum dan kemanfaatkan hukum kepada pihak yang bersengketa.Kata kunci: Pengadilan Agraria, Pengadilan Khusus, Sengketa Pertanahan, Kepastian Hukum, Kemanfaatan Hukum.

scholarly journals ROLE OF DEED LAND BUILDERS OFFICERS (PPAT) IN ADDRESSING PROBLEM FOR REGISTRATION OF TRANSFER PROPERTY DUE TO SALE OF LAND IN EAST KOLAKA

Jurnal Akta ◽  
2019 ◽  
Vol 6 (4) ◽  
pp. 811
Author(s):  
Bambang Suprayogi ◽  
Akhmad Khisni
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Public Knowledge ◽  
Transfer Property ◽  
The Public ◽  
Land Disputes ◽  
Administrative Responsibilities ◽  
Legal Consequences

This study aims to determine the responsibility of the Land Deed Official (PPAT) in addressing the problems of making a deed of sale of land and how the legal consequences of the public in making the deed of sale of land if found problems in the manufacturing process PPAT deed East Kolaka District. The data used in this study are primary data, secondary data and data that can support tertiary study, then analyzed with empirical juridical methods.Based on the results of this study concluded that the role of PPAT in Kolaka East have a stake in ensuring legal certainty transitional registration of property rights to land. Legal guarantee evidenced by an authentic act, then the transition has a strong legal force (not absolute). However, due toThe lack of public knowledge relevant authorities in givingcertainty and legal protection, it is often raised issues such as land disputes and others.So should their ideal concept for the community in the form of legal counseling in growing knowledge about the importance of Land Registry as a form of awareness of legal action against the sale and purchase of land ownership before PPAT to avoid land disputes that often arise in the future. In addition, there is still much to be understood by the Land Deed Official (PPAT) and the community in the Land Registry. Conversely, if the certificate-issuing PPAT deed of sale is not in accordance with the procedure, it is charged with the responsibility PPAT legal and administrative responsibilities. Keywords : Land Deed Official (PPAT), buying and selling, East Kolaka

scholarly journals The Active Role of Court in Administrative Proceedings

Russian judge ◽  
2021 ◽  
Vol 1 ◽  
pp. 19-25
Author(s):  
Irina D. Avgustina ◽  
Keyword(s):  
Active Role ◽  
Public And Private ◽  
Private Interests ◽  
Administrative Proceedings

The article analyzes certain norms and institutions of administrative proceedings, the ratio of the activity of the court and the parties in the movement of an administrative case is determined, including in case of refusal of an administrative claim, an agreement on the reconciliation of the parties. The activity of the court in administrative proceedings must ensure a reasonable balance between public and private interests.

scholarly journals PERAN KANTOR WILAYAH PROVINSI JAMBI DALAM PENYELESAIAN SENGKETA PERTANAHAN MELALUI MEKANISME MEDIASI

Wajah Hukum ◽  
2018 ◽  
Vol 1 (1) ◽  
pp. 53
Author(s):  
Sigit Somadiyono
Keyword(s):  
Regional Office ◽  
Land Disputes

Mediation is one of the ways to resolve the issue of non litigation, where the parties sit together facilitated by the mediator which is in this study was conducted by Regional Office of National Land Agency of Jambi Province. The issue appointed by this research is how is the type of line dispute settled through the mediation path in Regional Office of National Land Agency of Jambi Province and how is the role of Regional Office of National Land Agency of Jambi Province in the settlement of land disputes through mediation mechanisms. The purpose of this research is to find out what type of case that is requested by mediaton to Regional Office of National Land Agency of Jambi Province and the role of Regional Office of National Land Agency of Jambi Province in process of the mediation.Keywords: content, formatting, article

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