scholarly journals 30-years of independence of the republic of kazakhstan and actual issues of the court system

2021 ◽  
Author(s):  
Zh. C. Shukenova ◽  
A. B. Seifullina ◽  
Sh. Utegenov ◽  
A. К. Ibrayeva ◽  
B. Dyussebaliyeva
Keyword(s):  
Court System ◽  
The Republic

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

scholarly journals Democracy Towards Authoritarianism Under Illiberal Populist Leaders in Hungary and Poland

2019 ◽  
Vol 13 (1) ◽  
pp. 31-48
Author(s):  
Onvara Vadhanavisala
Keyword(s):  
Cold War ◽  
Slovak Republic ◽  
European Countries ◽  
Court System ◽  
The European Union ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
Visegrad Group ◽  
The Eu

Abstract A quarter of a century ago, the Soviet Union dissolved and the Cold War ended. Now the current political era involves a broad challenge to liberal democracy in the European Union. Central European countries such as the Czech Republic, Hungary, the Republic of Poland, and the Slovak Republic (‘the Visegrád Group’) joined the EU in 2004 with the hope that the post-Cold War era would be one of peace and stability in Europe, including (most importantly) the expansion of Europe’s democracy. A turning point came in 2014, however, when the Syrian refugee crisis hit the EU and caused a political ‘about face’. The European refugee and migrant crisis have strengthened right-wing populism among the European countries, including the Visegrád group. Obviously there are certainly similarities between the populist rhetoric of Hungary’s ruling party, Fidesz, and the Law and Justice party (known as PiS) which is governing the Republic of Poland. The two countries appear to be following the same path of becoming ‘illiberal democratic’ states. The templates of authoritarianism which both countries have adopted involve the following: the restriction of civil society and the independence of the media, control of the judiciary and the court system, together with the transformation of the constitutional framework and electoral law in order to consolidate power. This paper analyses two examples of authoritarian populist leaders: first, Viktor Orbán, the Prime Minister of Hungary of the Fidesz Party and, second, Jarosław Kaczyński, a leader of the Law and Justice Party (PiS) in Poland. A brief description of each is provided as a background for the discussion which follows.

scholarly journals Oral Law in Litigation in South Africa: An Evidential Nightmare?

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Customary Law ◽  
Court System ◽  
The Status ◽  
Customary Laws ◽  
The Common ◽  
The Republic ◽  
Law Of Evidence

In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with customary law issues. Understandably, customary law was treated in the same way as a common-law custom, which also originates in a community's acceptance of certain standards of behaviour. This meant that anyone averring a rule of customary law had to prove it, except where the rule was contained in a statute or precedent. The courts were not keen to engage in law-making and where the ascertainment of customary law proved to be difficult, they would merely apply the common law. In 1998, the Law of Evidence Amendment Act 45 of 1988, which allows the judiciary to take judicial notice of readily accessible customary law, made fundamental changes to this situation. The Act is still in operation, although it must now be interpreted in the light of the Constitution of the Republic of South Africa, 1996 (the Constitution). No direction on how this must be done can be found in the wording of the constitutional provisions dealing with the customary law. Besides instructing the courts to apply customary law when "applicable, subject to the Constitution and any legislation that specifically deals with customary law", the Constitution is silent on the way forward. Given the fact that most of the judiciary does not have any knowledge of the content of living customary law and the fact that there are fundamental differences between the evidentiary rules applied in the common and customary laws of South Africa, a few problems are bound to surface when litigating issues involving the customary law. They include: the status of customary law in the South African legal system; the applicability of customary law; and especially the determination of living customary law. The aim of this analysis is to determine if the existing evidentiary rules are appropriate to deal with these challenges in litigating matters involving customary law in the ordinary courts.

scholarly journals The Constitutional Divide of Postapartheid South Africa in the Jurisdiction of the Traditional Justice System

2017 ◽  
Vol 29 (2) ◽  
pp. 282-293
Author(s):  
Nomthandazo Ntlama ◽  
Dazo Ntlama
Keyword(s):  
South Africa ◽  
Justice System ◽  
General System ◽  
Customary Law ◽  
Court System ◽  
Racial Classification ◽  
Exclusive Jurisdiction ◽  
The Status ◽  
Customary Court ◽  
The Republic

The exclusive jurisdiction of the traditional justice system – which in effect is based on racial classification – has been the subject of debate in South Africa since the attainment of democracy in 1994. The debate is drawn from the Constitution, which recognises the general system of customary law, and limits its application to the people who observe it. The debate is further fuelled by the non-explicit recognition of the customary court system within the judicial structure of the Republic. These courts are inferred from the concept of ‘any other courts’ in the Constitution. The inference of customary courts from ‘any other courts’, compromises the legitimate status of these courts in the resolution of disputes that arise from the system of customary law – in line with the ideals of the new constitutional dispensation. This considered, this article critically reviews the constitutional status of the customary court system in South Africa. The objective is to examine the effect of its exclusive jurisdiction in the application of the principles of traditional justice. It is also limited to the review of South Africa’s constitutional perspective on the protection of customary law relating to the advancement of the traditional justice system. It is argued, therefore, that the exclusive jurisdiction of the traditional justice system is a direct racial classification under the guise of the foundational values of the new democratic dispensation. Equally, the status given to customary courts – which is inferred from the concepts of ‘any other’ – constitutes a manifestation of the historic divide that compromises the legitimacy of these courts in the application of traditional justice. The extent, to which the exclusive jurisdiction can move towards a system that inclusively reflects the values of the new democratic dispensation, is also reviewed in general.

Turkey

2015 ◽  
Author(s):  
Claire van Overdijk ◽  
Hüseyin Hatemi ◽  
Gizem Alper
Keyword(s):  
Civil Law ◽  
Criminal Court ◽  
Constitutional Court ◽  
Court System ◽  
Law System ◽  
The Republic ◽  
Republic Of Turkey ◽  
Civil Law System ◽  
Court Of Appeal

The Republic of Turkey has a civil law system with an administrative, military, and judicial (civil and criminal) court structure and a separate constitutional court. These all function as courts of first instance in civil law matters. The highest court of appeal in the judicial court system is known as ‘Yargitay’.

scholarly journals MENCIPTAKAN SISTEM PERADILAN EFISIEN DENGAN SISTEM E-COURT PADA PENGADILAN NEGERI DAN PENGADILAN AGAMA SE-TANGERANG RAYA

2020 ◽  
Vol 6 (1) ◽  
pp. 104
Author(s):  
Susanto Susanto ◽  
Muhamad Iqbal ◽  
Wawan Supriyatna
Keyword(s):  
Supreme Court ◽  
Low Cost ◽  
Pilot Project ◽  
District Court ◽  
Court System ◽  
The Supreme Court ◽  
Effective Role ◽  
The Republic ◽  
Religious Courts

Based on the Decree of the Secretary of the Supreme Court of the Republic of Indonesia Number: 305/SEK/SK/VII/2018, the Supreme Court has chosen 17 District Courts, 6 State Administrative Courts and 9 Religious Courts as the Pilot Project Court for the e-court Application. On this basis, the sample of the court taken by the author is the District Court and Religious Court which is located in Tangerang Raya. The author will focus on the effectiveness and efficiency with regard to the role of the e-court system in the administrative system of the district and religious courts in Tangerang Raya. The large amount of time and files involved are considered far from the principles of fast, simple and low cost trial. It is hoped that time and cost efficiency problems can be resolved with E-court. To prove the test of the effective role of e-court in realizing fast, simple and low cost judiciary from the segmentation of district and religious courts in Tangerang Raya, the E-court system in state and religious courts in the Greater Tangerang area in segmentation creates efficiency in the case administration service process.

The formation of USA Legal System: main structural elements and dynamics of development

10.12737/5065 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 26-31
Author(s):  
Алексей Саломатин ◽  
Alexey Salomatin
Keyword(s):  
Federal Government ◽  
Legal System ◽  
Federal Court ◽  
Economic Life ◽  
Early Years ◽  
Legal Rights ◽  
Court System ◽  
The Republic ◽  
American Federalism ◽  
The 19Th Century

The article deals with the evolution of USA Legal System starting from the 1787 Constitution till the end of the 19th century. Taking corporate, land regulation, criminal law as examples the author considers participation of federal and state powers in solving actual legal problems. It is demonstrated that in spite of broad legal rights of states from the very beginning they were not able to decide themselves burning issues of social and economic life without interference of Federal Government. And Federal Government was clever enough to build up a strong federal court system in the early years of the Republic. This system not only furthered some kind of uniformity of law under grass roots federalism but safequarded American federalism itself. Thanks to broad interpretative powers of US Supreme Court which decided what was Constitutional or non-Constitutional in state and federal legislation American civilization not only has preserved itself from dangers of separatism but achieved great paces of development.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

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