Legal Harmonization of Civil Dispute Settlement Use for Legal Unification

Civil dispute resolution can be settled through peace institutions with the legal product in form of a deed of peace. However, this institution has not been used by many people even though it provides the civil dispute settlement the executorial strength faster. Thus, it offers no further legal remedies be it in the form of appeals and cassation. Practically, a deed of peace is known to have executorial strength. However, some parties pursue the legal effort despite the peace settlement in the form of the deed of peace. The optimization of the use of the peace institution with executorial strength is expected to solve the problems. This study employed normative legal research with the perspective of legal/ judicial focused on rules/norms of Civil Procedure Law and comparative law through legal principles. It is the study of legal rules which are the benchmarks to behave appropriately. This study was carried out on the norms and principles in the secondary data, which were found in the primary, secondary, and tertiary legal sources.

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Perlindungan Hukum Hak Cipta Atas Karya Motif Batik Galuh Di Kabupaten Gianyar

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.2.3434.320-327 ◽

2021 ◽

Vol 2 (2) ◽

pp. 320-327

Author(s):

AA Mas Pradnyandari Mantara ◽

I Nyoman Putu Budiartha ◽

Desak Gde Dwi Arini

Keyword(s):

Dispute Settlement ◽

Legal Protection ◽

Field Research ◽

Secondary Data ◽

Primary Data ◽

Legal Research ◽

Registration Process ◽

The Future ◽

Civil Dispute

Legal protection for intellectual works is not only shown to works whose copyright has been registered, but also to those whose copyrights have not been or are not registered at all. The purpose of this study is to determine the legal protection of Galuh batik motifs in Gianyar Regency according to Law Number 28 of 2014 concerning copyright and to find out the copyright registration for Galuh batik business in Gianyar Regency. The author uses the type of empirical legal research, namely research by means of interviews which primary data are known as field research. The data needed in this study are primary and secondary data. Based on the results of the study, it can be concluded that the legal protection of Galuh batik motifs in Gianyar Regency based on Law Number 28 of 2014 concerning copyright, namely Galuh Batik has not received optimal legal protection. If in the future there is a dispute, then the Batik Galuh Party can take it with a Civil Dispute settlement. The registration process for Batik Galuh copyright still uses a manual system and the process is completed in less than 3 weeks to 1 month.

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Third-Party Interest in Arbitration Dispute Settlement Process

International Journal of Engineering and Advanced Technology - Regular Issue ◽

10.35940/ijeat.b2866.129219 ◽

2019 ◽

Vol 9 (2) ◽

pp. 5281-5286

Keyword(s):

Dispute Settlement ◽

Contract Law ◽

Civil Code ◽

Third Parties ◽

Third Party ◽

Arbitral Tribunal ◽

The World ◽

Disclosure Of Information ◽

Potential Losses ◽

Civil Dispute

The existence of a Third Party in the Civil Code, in general, is a party to be taken into account not to suffer harm to a civil dispute. However, things are different in Arbitration Law which is a special branch of the Civil Code. Moving from the principle of secrecy, there is a disclosure of information on disputes in the world of commerce, which is characterized by variants of Contract Law in the world of commerce so as to make the potential losses that arise for other parties against the same trade object . Arbitration Law in Indonesia has ignored the interests of interested third parties by relying on the entry of such parties on the basis of voluntary parties and the approval of the Arbitral Tribunal.

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Development of Non-Litigation Civil Dispute Settlement Model Based on Madurese Local Wisdom to Reduce Cases Accumulation in Court

Brawijaya Law Journal ◽

10.21776/ub.blj.2019.006.01.09 ◽

2019 ◽

Vol 6 (1) ◽

pp. 115-128

Author(s):

Uswatun Hasanah ◽

Mohammad Amir Hamzah ◽

Indien Winarwati

Keyword(s):

Dispute Settlement ◽

Model Based ◽

Civil Dispute

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MAKNA MEDIASI DALAM UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

Veritas et Justitia ◽

10.25123/vej.v7i1.3716 ◽

2021 ◽

Vol 7 (1) ◽

pp. 91-114

Author(s):

Sudjana Sudjana

Keyword(s):

Supreme Court ◽

Dispute Settlement ◽

Criminal Cases ◽

Legal Research ◽

Normative Approach ◽

Legal Consequence ◽

Court Proceedings ◽

Alternative Dispute Settlement ◽

Civil Dispute

Art. 95(4) Law No. 28 of 2014 re. Copyright determines that mediation should be the preferred choice to settle copyright disputes, including those that relates to piracy and plagiarism. The issue to be discussed here is what would the legal consequence be in case this alternative dispute settlement is not utilized by disputants. This problem will be discussed using a juridical normative approach. Here, mediation is understood in the context of Law No. 30 of 1999 re. Arbitration and Alternative Dispute Settlement and Supreme Court Regulation No. 1 of 2016 re. Mediation Procedure in Court Proceedings. The main finding of this legal research is that mediation, by law, should be offered in court or may be used out of court at any time by disputants, in civil dispute (claim for compensation) as well in criminal cases. Non utilisation does not have as consequence the cessation of existing court proceedings.

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Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800006652 ◽

1998 ◽

Vol 35 ◽

pp. 263-290

Author(s):

J. Anthony VanDuzer

Keyword(s):

Free Trade Agreement ◽

Dispute Settlement ◽

Trade Agreement ◽

Minimum Standards ◽

The North ◽

State Behaviour ◽

Nafta Chapter 11 ◽

To Come ◽

The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

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