The Use of Videotape Evidence in Civil Cases

1969 ◽  
pp. 215
Author(s):  
Bruce P. Elman
Keyword(s):  
Civil Case ◽  
Civil Cases

The author discusses the role of videotape evidence as testimonial proof and as demonstrative evidence. He surveys the leading cases in the area as well as relevant statutory provisions. The potential hazards associated with the use of videotape evidence are followed by recommended measures to ensure accuracy and objectivity. The author suggests that where these safeguards are taken, a "first-hand" view of the evidence used to prove a civil case may aid the court in reaching a sound decision.

Law and Legislation on Land, Debt, and Marriage

2007 ◽  
Author(s):  
Linxia Liang
Keyword(s):  
Active Role ◽  
Civil Cases ◽  
Law And Legislation

This chapter discusses the sources that are used for solving civil cases. It looks at the active role of legislation in meeting and shaping changing situations. It attempts to answer what were the relevant laws on land, debt, and marriage. The chapter also presents an argument that the relevant law was systematized under the Qing in its context and applicability to solve disputes.

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 Mediasi Sebagai Alternatif Penyelesaian Sengketa Perdata di Pengadilan (Analisis Putusan Nomor. 52/PDT.G/2015/PN.RAP)

2019 ◽  
Vol 1 (2) ◽  
pp. 194-201
Author(s):  
Nur Hikmah ◽  
Darwinsyah Minin ◽  
Isnaini Isnaini
Keyword(s):  
Dispute Resolution ◽  
District Court ◽  
Mediation Process ◽  
Civil Case ◽  
Basic Law ◽  
The Law ◽  
Civil Cases ◽  
Set Up ◽  
Case Number ◽  
Selection Of

Peace is the most gentle answer as well as a win-win solutin, the existence of the basic law of mediation in Indonesia as an alternative to the dispute resolution outside the court can be seen in Article 130 HIR and Article 154 RBG which has set up a peace institution which then judges shall first reconcile the parties before the case is reviewed, as described in Article 130 HIR / 154 RBG and PERMA Number. 01 of 2008 on Mediation Procedures in Courts. The formulation of the problem is how the rules of mediation law as an alternative to the settlement of civil disputes in the Court, how the implementation and mechanism in the selection of Mediators at the District Court Rantauprapat and how the results of mediation on civil cases Number.52 / Pdt.G / 2015 / PN.Rap generated from the mediation process, the aim is to know and simultaneously find the law of mediation as an alternative to civil disputes settlement in the Court and to know the implementation and mechanism of the selection of Mediator in Rantauprapat District Court and meganalisis the decision of civil case Number.52 / Pdt.G / 2015 / PN.Rap resulting from the mediation process

Court

2021 ◽  
pp. 83-90
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Expert Witnesses ◽  
Criminal Cases ◽  
Civil Proceedings ◽  
Civil Cases

This chapter explains the procedure followed in criminal cases and civil cases. It explores the role of the Crown Prosecution Service in criminal prosecutions. It also considers the important role that expert witnesses can play in civil proceedings and what the expectations are of those who put themselves forward for that role.

The Role of Statistical Evidence in Civil Cases

2020 ◽  
Vol 7 (1) ◽  
pp. 39-60 ◽  
Author(s):  
Joseph L. Gastwirth
Keyword(s):  
Regression Analysis ◽  
Statistical Analysis ◽  
Relative Risk ◽  
Federal Courts ◽  
Statistical Evidence ◽  
Criminal Cases ◽  
Legal Process ◽  
Legal Cases ◽  
Civil Cases

Civil cases outnumber criminal cases in federal courts, and statistical evidence has become more important in a wide variety of them. In contrast to science, which is concerned with general phenomena, legal cases concern one plaintiff or a class of plaintiffs and replication of the events that led to the case is not possible. This review describes the legal process, the way statistics are used in several types of cases, and the criteria courts use in evaluating the reliability of statistical testimony. Several examples of courts’ misinterpreting statistical analyses are presented. Commonly occurring issues in the statistical analysis of stratified data, the use of regression analysis, and the use of epidemiologic estimates of relative risk are described. Hopefully, this review will encourage statisticians to engage with the legal system and develop better ways of communicating the results of studies so they receive the evidentiary weight they deserve.

scholarly journals Dual Mediation : Penyelesaian Perkara Lingkungan Hidup yang Melibatkan Korporasi Sebagai Pelaku Melalui Pendekatan Restorative Justice

2020 ◽  
Vol 9 (2) ◽  
pp. 401
Author(s):  
Ach. Faisol Triwijaya ◽  
Yaris Adhial Fajrin ◽  
Chintya Meilany Nurrahma
Keyword(s):  
Restorative Justice ◽  
Research Methods ◽  
Criminal Law ◽  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Civil Case ◽  
Environmental Destruction ◽  
Good Management

The use of the environment today is very important in order to provide benefits to the community. Utilization must also be balanced with good management and avoid damage. Anomaly in the use of the environment that causes widespread damage occurs where there is a role of the corporation as the main actor. The presence of the PPLH Law has not been able to be a solution amid the chaotic environment utilization that is in line with the damage because the existing legal instruments are not able to overcome the problem. This paper has a purpose to analyze the weakness in the resolution of criminal acts of the environment and the extent to which restorative justice is able to overcome the conflict due to environmental criminal act between the corporation and the community. This research method uses normative legal research methods with a conceptual approach. This study obtained the first result, the legal instrument in the PPLH Law has not shown success where there is still widespread environmental destruction today. Second, through the restorative justice approach it is expected to be able to reduce the number of environmental criminal acts by corporations using the dual mediation pattern, namely the merging of the concepts of civil case mediation and penal mediation so as to create a balance pattern that is in line with the direction of the renewal of national criminal law.              Pemanfaatan lingkungan hidup dewasa ini amat penting dilakukan guna memberikan manfaat terhadap masyarakat. Pemanfaatan harus pula diimbangi dengan pengelolaan yang baik dan menghindari kerusakan. Anomali pemanfaatan lingkungan hidup yang menyebabkan kerusakan marak terjadi, di mana terdapat peran korporasi sebagai aktor utama. Kehadiran UU PPLH masih belum mampu menjadi solusi di tengah carut marutnya pemanfaatan lingkungan yang sejalan dengan kerusakan karena instrumen hukum yang ada tidak mampu mengatasi masalah tersebut. Tulisan ini memiliki tujuan untuk menganalisa kelemahan dalam penyelesaian tindak pidana lingkungan hidup dan sejauh mana restorative justice mampu mengatasi konflik akibat tindak pidana lingkungan hidup antara korporasi dan masyarakat. Metode penelitian yang digunakan yaitu penelitian hukum normatif dengan pendekatan konseptual. Penelitian ini memperoleh hasil pertama, instrumen hukum di UU PPLH belum menunjukkan keberhasilan di mana masih maraknya kejadian pengrusakan lingkungan hidup hingga saat ini. Kedua, melalui pendekatan restorative justice diharapkan dapat menekan angka tindak pidana lingkungan hidup oleh korporasi menggunakan pola dual mediasi yaitu penggabungan konsep mediasi perkara perdata dan mediasi penal sehingga dapat menciptakan pola keseimbangan yang selaras dengan arah pembaruan hukum pidana Nasional.

scholarly journals PUTUSAN PENINJAUAN KEMBALI PERKARA PIDANA SEBAGAI NOVUM DALAM PENINJAUAN KEMBALI PERKARA PERDATA

2019 ◽  
Vol 12 (1) ◽  
pp. 105
Author(s):  
ALI MARWAN HSB
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Research Result ◽  
Court Decision ◽  
Criminal Case ◽  
Case Review ◽  
Literature Research ◽  
Civil Case ◽  
The Supreme Court ◽  
Civil Cases

ABSTRAKUndang-Undang Nomor 15 Tahun 2001 tentang Merek mengatur bahwa untuk penyelesaian sengketa atau pelanggaran merek dapat ditempuh melalui dua alternatif penyelesaian, yaitu dengan mengajukan gugatan ke pengadilan niaga (secara perdata) dan diadukan kepada penyidik untuk diselesaikan secara pidana. Kedua penyelesaian inilah yang ditempuh sekaligus oleh GG melawan GB. Kasus ini kemudian sampai pada upaya hukum luar biasa yaitu peninjauan kembali. Dalam peninjauan kembali perkara perdata, pihak GG mengajukan putusan peninjauan kembali perkara pidana sebagai novum. Berdasarkan hal tersebut, dapat dirumuskan permasalahan dalam tulisan ini adalah: apakah putusan peninjauan kembali perkara pidana dapat dijadikan novum dalam peninjauan kembali perkara perdata? Metode penelitian yang digunakan dalam tulisan ini adalah metode penelitian yuridis normatif atau metode penelitian kepustakaan. Hasil penelitian menunjukkan bahwa jika dikaji dari alasan pengajuan peninjauan kembali yang diatur dalam Undang-Undang Nomor 14 Tahun 1985 tentang Mahkamah Agung, suatu putusan pengadilan dapat dijadikan alasan dalam permohonan peninjauan kembali, apabila ada pertentangan antara putusan yang satu dengan yang lain. Pertentangan itu harus antara putusan oleh peradilan yang sama atau sama tingkatan. Pengajuan putusan peninjauan kembali perkara pidana menjadi novum dalam peninjauan kembali perkara perdata atau sebaliknya, tidak dapat dibenarkan.Kata kunci: peninjauan kembali, pidana, perdata, novum. ABSTRACT Law Number 15 of 2001 concerning Trademark stipulates that resolution of disputes or violations of brands can be taken through two alternative ways, namely filing a lawsuit to the Commercial Court (civil) and secondly filing a complaint with the investigator for a criminal settlement. These two solutions were taken at the same time by both parties, GG against GB. This case was then up to the extraordinary request for review. In the review of civil cases, GG filed a decision on a criminal case review as novum. Based on this, the problems outlined in this analysis is whether the decision of a criminal case review can be made novum in reviewing a civil case. The method used is a normative juridical research method or literature research method. As stipulated in Law Number 14 of 1985 concerning the Supreme Court, pertaining to the reasoning of filing an extraordinary request for case review, the research result shows that a court decision can be used as an excuse to file a case review, provided that there is conflict between one decision and another. Filing a criminal case review decision as novum in civil case review or vice versa cannot be justified. Keywords: case review, criminal, civil, novum.

scholarly journals Pengetahuan Sejarah Dekolonialisasi Pernanan Pendidikan dan Implementasi Hukum Islam di Indonesia

2019 ◽  
Vol 3 (3) ◽  
Author(s):  
Ryan Kurniawan
Keyword(s):  
Islamic Law ◽  
Legal Order ◽  
Space And Place ◽  
Civil Case ◽  
Time Space ◽  
Starting Point ◽  
The Law ◽  
Colonial Government ◽  
Dutch Colonial

<em>Role, Education, and Implementatation Islamic law developed along with the development of Islam in various regions, causing Islamic law to have different styles in each region it came. Indonesia is one of these regions. Differences or uniqueness that arise together with the acceptance of Islamic law in Indonesia by experiencing various kinds of changes in accordance with the time, space and place of the law applied. The role of various kingdoms in disseminating Islamic teachings is legitimate evidence, how Islam becomes an integral part of the Indonesian Nation. Changes began to occur when the Dutch colonial government ruled Indonesia. The receptio in complexu theory, and the receptie theory are proof of the attachment of the Dutch legal order in Indonesia which began in the V.OC era. Independence as the starting point of the struggle to reduce the influence of the two theories with efforts to decolonize Islamic law through receptie exit theory. This theory directs that the development of Islamic law in Indonesia is based on Pancasila and the 1945 Constitution, which is marked by the emergence of KHI as a guideline compiled and formulated to fill a substantial legal vacuum in the courts in the religious court that tried the Islamic civil case in 1991</em>

scholarly journals The Trial Judge: Pilot, Participant, or Umpire?

1969 ◽  
pp. 40 ◽  
Author(s):  
Hugh W. Silverman, Q.C.
Keyword(s):  
Case Law ◽  
Comprehensive Analysis ◽  
Criminal Cases ◽  
Trial Judge ◽  
Open Court ◽  
Civil Cases ◽  
The One ◽  
And Function ◽  
Role And Function

The recent decision in Phillips v. Ford Motor Co. of Canada Ltd. et al.t has reopened question which some might have considered to be somewhat settled: the role and function of the trial judge. Professor Silverman has taken the Phillips decision as cue for making comprehensive analysis of the English and Cana dian case law concerning the trial judge's function, in civil as well as criminal cases. Such issues as the rule requiring the presentation of evidence in open court, the limitations on the trial judge's right to call witnesses, his interference in the examination of witnesses and his intervention in the trial as whole are examined. Professor Silverman notes that although there may be dicta in some criminal and civil cases which apply to both, the better approach for the trial judge is to restrict himself "as much as possible" to the principles set out in cases of the same nature (criminal or civil) as the one before him. However, the author does lay down several general propositions delineating the boundaries of the trial and the role of the trial judge, which are applicable to both criminal and civil cases. Professor Silverman concludes, that although a trial judge may be pilot he "is certainly more than an umpire, watching the sporting-theory of litigation in action; and he is less than participant in that he should not enter into the fray of combat nor take on the mantle of counsel".

scholarly journals DOMESTIC VIOLENCE AS A CAUSE FOR DIVORCE: ARE THERE EFFORTS FOR MEDIATION?

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 196-211
Author(s):  
Jasmaniar Jasmaniar ◽  
Sutiawati Sutiawati
Keyword(s):  
Domestic Violence ◽  
Supreme Court ◽  
Dispute Resolution ◽  
Legal Research ◽  
Civil Case ◽  
Civil Process ◽  
Legal Problems ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases

AbstractMediation as an alternative to dispute resolution has been integrated in court. Further provisions for mediation as a process that must be carried out are further regulated in the Supreme Court Regulation No. 1 of 2016 concerning mediation procedures in court. This means that cases filed in court including cases of divorce on the grounds of domestic violence are obliged to undergo mediation. This research is a normative legal research that focuses on solving legal problems by providing a basis for theoretical argumentation and adequate concepts. Sources of data in this study came from primary, secondary and tertiary legal materials. The findings of the study indicate that in cases of divorce on the grounds of domestic violence, they still take the path of mediation. This is stated in the Supreme Court Regulation No. 1 of 2016 which requires mediation in civil cases, even in the Supreme Court Regulation states that in the resolution of a civil case a judge does not take mediation, it is considered to have violated the law. Divorce cases on the grounds of domestic violence cannot be categorized as a criminal act, if the filing process is a civil process (divorce), it is different when the wife makes a complaint (complaint offense) and/or an ordinary offense which results in a violation of the Abolition of Domestic Violence. However, divorce cases are considered civil and processed according to other civil cases and on the grounds of domestic violence they still go through mediation. Keywords: Mediation; Divorce; Violence; Household.

Sign in / Sign up

Export Citation Format

Share Document