scholarly journals PRINSIP HAKIM AKTIF DALAM PERKARA PERDATA

2018 ◽  
Vol 5 (2) ◽  
pp. 249
Author(s):  
Sunarto Sunarto
Keyword(s):  
Active Role ◽  
Civil Code ◽  
Civil Case ◽  
The Common ◽  
Civil Cases ◽  
The Right

The Justice must be firmly maintained. This demand can not be modified due to it was closely related to the rights enforcement. The common paradigm in civil code perception makes judges passively work in civil cases handling. It can be seen in Article 119 HIR when the general court chief judge give a support as advice and help related to the formality or the terms of the lawsuit for the strike to be acceptable and meets the requirements of formality lawsuit against the plaintiff or attorney. Moreover , Article 130 HIR/RBG Article 154, required that general court chief judge attempted to reconcile the two parties litigant. Furthermore, in Article 132 HIR/RBG Article 156, the Judge has an active role to inform both litigants and provide an explanation to the litigants of their rights to take legal actions and the right to submit evidence on the court.Keywords : active judges, civil case

scholarly journals Forensic Examination as a Condition for the Realization of the Right to a Fair Trial of a Civil Case

2020 ◽  
Vol 6 (3) ◽  
pp. 324-331
Author(s):  
M. Kochetkova ◽  
K. Shumova
Keyword(s):  
Fair Trial ◽  
Civil Case ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
Special Knowledge ◽  
Civil Cases ◽  
The Right

This article is devoted to forensic examination as a condition for the realization of the right to a fair trial of a civil case in the context of changing legal reality. The study of forensic examination as a form of using special knowledge in civil proceedings is relevant and promising. The article discusses the conditions and guarantees of the right to a fair trial, sets out the theoretical problems of forensic examination, the procedural procedure for the appointment and conduct of forensic examination in civil proceedings, features of the appointment of forensic examination for certain categories of civil cases.

scholarly journals TINJAUAN YURIDIS PELAKSANAAN SITA JAMINAN TERHADAP BARANG MILIK TERGUGAT DALAM SUATU PERKARA PERDATA (STUDI KASUS DI PENGADILAN NEGERI KELAS I A BENGKULU)

2019 ◽  
Vol 2 (1) ◽  
pp. 80-91
Author(s):  
Rika Yulita
Keyword(s):  
Empirical Research ◽  
Civil Code ◽  
District Court ◽  
Legal Research ◽  
Civil Case ◽  
Inhibiting Factors ◽  
The Future ◽  
Civil Cases

ABSTRAKPermohonan sita jaminan adalah untuk menjamin pelaksanaan suatu putusan di kemudian hari, atas barang-barang milik tergugat, baik yang bergerak maupun yang tidak bergerak, selama proses perkara berlangsung terlebih dahulu disita, atau dengan kata lain bahwa terhadap barang-barang yang sudah disita tidak dapat dialihkan, diperjual belikan atau dipindah tangankan kepada orang lain. Tujuan penelitian ini adalah untuk mengetahui Upaya pengadilan dalam melaksanakan Sita Jaminan Terhadap Barang Milik Tergugat Sebagai Jaminan dalam Suatu Perkara Perdata (Studi Kasus di Pengadilan Negeri Kelas I A Bengkulu) dan Faktor-faktor penghambat mengenai eksekusi sita jaminan Terhadap Barang Milik Tergugat Sebagai Jaminan dalam Suatu Perkara Perdata (Studi Kasus di Pengadilan Negeri Kelas I A Bengkulu. Jenis penelitian yang digunakan oleh penulis adalah penelitian empiris yang bersifat deskriptif. Penelitian hukum bersifat deskriptif merupakan penelitian yang bertujuan menggambarkan tentang sifat-sifat individu, keadaan, gejala atau kelompok tertentu atau untuk menentukan penyebaran suatu gejala dengan gejala lain dalam masyarakat. Pelaksanaan sita jaminan di diatur dalam pasal 197 HIR, penyitaan jaminan putusan di Pengadilan Negeri Kelas I A penyitaan jaminan untuk membayar sejumlah uang. Pelaksanaan dan putusannya jasa akan menjadi sita eksekusi dan nanti akan di lelang, jadi tidak ada kendala jika yang disita itu bukan milik tergugat tetapi milik orang lain nanti ada perlawanan dari pihak yang mempunyai tersebut terhadap perlawanan ke pengadilan dengan gugat perlawanan terhadap sita jaminan. Hambatan dalam pelaksanaan sita jaminan diharuskan surat-surat yang tercantum pada barang atas nama tergugat. Barang atau obyek sengketa menjadi agunan dalam hak tanggungan. Barang atau obyek sengketamerupakan harta warisan yang belum terbagi.Kata kunci: sita jaminan; tergugat; perkara perdataABSTRACTThe request for confiscation of collateral is to guarantee the implementation of a decision in the future, on the property of the defendant, both movable and immovable, as long as the proceedings take place first confiscated, or in other words that the confiscated items cannot transferred, traded or transferred to others. The purpose of this study was to determine the efforts of the court in carrying out the seizure of the Defendant's property as collateral in a civil case (case study at the Bengkulu IA Class Court) and inhibiting factors regarding the execution of collateral seizure against the Defendant's property as a guarantee in a case Civil Code (Case Study in Bengkulu IA Class District. The type of research used by the author is descriptive empirical research. Descriptive legal research is a research that aims to describe the characteristics of individuals, circumstances, symptoms or certain groups or to determine the spread of a symptoms with other symptoms in the community.The implementation of seizure guarantees is regulated in Article 197 of the HIR, confiscation of guarantee decisions in the Class IA District Court confiscation of guarantees to pay a sum of money.The execution and decision of services will be seized execution and later will be auctioned, if there is no problem if the confiscated person does not belong to the defendant but someone else's property will have resistance from the party who has it against the resistance to the court by suing the resistance against the seizure of the guarantee. Obstacles in the implementation of collateral seizure are required for the documents listed on the goods on behalf of the defendant. Goods or objects of dispute become collateral in mortgage rights. The item or object of the dispute is an undivided inheritance.Keywords: confiscated guarantee; defendants; civil cases

Our Bodies, Whose Property?

2013 ◽  
Author(s):  
Anne Phillips
Keyword(s):  
Labor Markets ◽  
Personal Autonomy ◽  
The Body ◽  
Body Parts ◽  
Complex Issue ◽  
Human Organs ◽  
Property Owners ◽  
The Common ◽  
The Difference ◽  
The Right

No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, this book challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. The book explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. The book asks what is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? The book contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But it also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, the book demonstrates that treating the body as property makes human equality harder to comprehend.

Ameloblastic Fibroma Associated With Impacted 3rd Molar: A Case Report

2017 ◽  
Vol 1 (7) ◽  
pp. 18-21
Author(s):  
K Indira Priyadarshini ◽  
Karthik Raghupathy ◽  
K V Lokesh ◽  
B Venu Naidu
Keyword(s):  
Relative Frequency ◽  
Posterior Region ◽  
Radiographic Examination ◽  
Dental Eruption ◽  
Ameloblastic Fibroma ◽  
Odontogenic Origin ◽  
The Common ◽  
The Times ◽  
The Right ◽  
Slow Growing

Ameloblastic fibroma is an uncommon mixed neoplasm of odontogenic origin with a relative frequency between 1.5 – 4.5%. It can occur either in the mandible or maxilla, but predominantly seen in the posterior region of the mandible. It occurs in the first two decades of life. Most of the times it is associated with tooth enclosure, causing a delay in eruption or altering the dental eruption sequence. The common clinical manifestation is a slow growing painless swelling and is detected during routine radiographic examination. There is controversy in the mode of treatment, whether conservative or aggressive. Here we reported a 38 year old male patient referred for evaluation of painless swelling on the right posterior region of the mandible associated with clinically missing 3rd molar. The lesion was completely enucleated under general anesthesia along with the extraction of impacted molar.

The Dynamic Free Speech Clause

2018 ◽  
Author(s):  
Timothy Zick
Keyword(s):  
Free Speech ◽  
Constitutional Rights ◽  
Relational Dynamics ◽  
Free Exercise ◽  
Second Amendment ◽  
The Press ◽  
The Common ◽  
Rights Discourse ◽  
The Right ◽  
Speech Clause

This book examines the relational dynamics between the U.S. Constitution’s Free Speech Clause and other constitutional rights. The free speech guarantee has intersected with a variety of other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. Free speech principles and doctrines have facilitated the recognition and effective exercise of constitutional rights, including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has dominated rights discourse and subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. The book examines the common and distinctive dynamics that have brought free speech and other constitutional rights together. It assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also to tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

Textbook Popery

2018 ◽  
Author(s):  
Cassandra L. Yacovazzi
Keyword(s):  
Higher Education ◽  
Public School ◽  
Middle Class ◽  
Print Culture ◽  
Young Women ◽  
Female Teachers ◽  
The Common ◽  
The Right ◽  
School Movement

By the 1840s, convent narratives gained more middle-class, respectable readers, moving away from descriptions of sex and sadism and focusing instead on convent schools and the education of young women. Popular works such as Protestant Girl in a French Nunnery described "tricks" used by nuns to convert female pupils and lure them into convents. Such literature warned that as neither wives nor mothers, nuns could not train the right kind of women for America. The focus on convent schools converged with the common or public school movement. At the same time, teaching became an acceptable occupation for women, prompting more women to seek opportunities for higher education. This chapter compares the approach to education among nuns and other female teachers alongside the caricatures of convent schools in anti-Catholic print culture. I seek to answer why convent schools faced such heightened animosity even as teaching became feminized.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Theology as Work: The Mandatum and the Rights of Labor

Horizons ◽  
2002 ◽  
Vol 29 (1) ◽  
pp. 128-134
Author(s):  
Patrick T. McCormick
Keyword(s):  
Academic Freedom ◽  
Working Conditions ◽  
Common Good ◽  
Catholic Social Teaching ◽  
Social Teaching ◽  
The Common Good ◽  
The Common ◽  
The Right ◽  
The Church ◽  
Safe Working

ABSTRACTMany oppose the mandatum as a threat to the academic freedom of Catholic scholars and the autonomy and credibility of Catholic universities. But the imposition of this juridical bond on working theologians is also in tension with Catholic Social Teaching on the rights and dignity of labor. Work is the labor necessary to earn our daily bread. But it is also the vocation by which we realize ourselves as persons and the profession through which we contribute to the common good. Thus, along with the right to a just wage and safe working conditions, Catholic Social Teaching defends workers' rights to a full partnership in the enterprise, and calls upon the church to be a model of participation and cooperation. The imposition of the mandatum fails to live up to this standard and threatens the jobs and vocations of theologians while undermining this profession's contribution to the church.

Fibroadenoma of Ectopic Breast Tissue in the Groin – A Rare Disease Entity

2020 ◽  
Vol 154 (Supplement_1) ◽  
pp. S47-S48
Author(s):  
D Emechebe ◽  
M Alshal ◽  
T Rana ◽  
M Agaronov
Keyword(s):  
Breast Tissue ◽  
Tissue Mass ◽  
Ectopic Breast Tissue ◽  
The Common ◽  
Painless Mass ◽  
The Right ◽  
Ectopic Breast ◽  
Urogenital Anomalies ◽  
Superficial Soft Tissue

Abstract Introduction/Objective Ectopic breast tissue (EBT) is a well-documented anomaly of the breast and commonly presents along the embryonic milk line extending between the axilla and groin. Reported incidence of accessory breast is 0.4–6% in females. Pathologies developing in an EBT are reported as a rare entity in the literature. Carcinoma is reported as the common pathology followed by inflammation and fibroadenoma Methods We present a case of 43-year- old female who presented with a painless mass in her right groin for the past year which gradually increased in size. CT abdomen pelvis with contrast showed a 2.2 x 3.0 x 4.4 cm superficial soft tissue mass in the right groin which was suspected to be a lymph node. Further investigation and histopathological report of biopsy showed ectopic breast tissue with admixed chronic inflammation and reactive changes.However, excision of the mass three months later showed showed proloferation of both glandular and stromal elements. Results The tissue from the biopsy was positive for GATA 3, mammoglobin, GCDFP and CD 10 and the histological features on excision was confirmatory of fibroadenoma. Conclusion In conclusion, when tumors or nodules are found along the mammary line, the presence of breast tissue should be considered during the investigation. It is clinically wise to evaluate and screen carefully cases of supernumerary breast for any pathology and for any associated urogenital anomalies such as supernumerary kidneys, polycystic kidneys and renal cell adenocaricnoma. In our case, patient had no associated urogenital anomalies and she is on follow up.

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