scholarly journals Legal Consequences of Auction of Mortgage Right With Lower Limit Value Than the Value of Property Appraisal by the Appraisal Team (Study of Jakarta High Court Decision Number 516 / PDT / 2017 / PT.DKI)

2020 ◽  
Author(s):  
Agnes Monica ◽  
Benny Djaja
Keyword(s):  
Lower Limit ◽  
Court Decision ◽  
High Court ◽  
Limit Value ◽  
Legal Consequences

scholarly journals AKIBAT HUKUM PEMBATALAN AKTA JUAL BELI (AJB) ATAS TANAH OLEH PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 888/K/PDT/2016

2018 ◽  
Vol 1 (2) ◽  
pp. 253
Author(s):  
Livia Clarista ◽  
Endang Pandamdari
Keyword(s):  
Supreme Court ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
High Court ◽  
Original State ◽  
Legal Standing ◽  
The Supreme Court ◽  
Legal Consequences ◽  
Laws And Regulations

Buying and selling is a process of transferring rights of land carried out by making a sale and purchase deed by a land deed official. Therefore, the procedure must be in accordance with the applicable laws and regulations to produce a valid deed and can be used to transfer the land rights. In this case, there was a mismatch in the procedure for making land sale and purchase deeds carried out by land deed official. This caused a legal defect in the deed which was then supported by a statement from the District Court Verdict Number 381/Pdt.G/2014/PN/Bdg. and the Bandung High Court with Decision Verdict 451/PDT/2015/ PT BDG., where both of them grant the plaintiff's claim, namely land deed official itself. However, the Supreme Court Judges considered that land deed official did not have a legal standing in filing a claim because it was deemed not to have legal interests in the sale and purchase deed. The Supreme Court Judges in Verdict Number 888 / PDT / 2016 canceled the previous court decision. This resulted in the deed returning to its original state. However, the deed can then only be canceled by the parties in it, but the cancellation also can only be done if both parties agree. While the legal consequences of the land deed official issuing the sale and purchase deed are the acceptance of sanctions in the form of temporary and permanent dismissals.

scholarly journals Judges’ Considerations in the Cancellation Decision of the Marriage Establishment (ITHBAT) of Polygamy (The Analysis of Supreme Court Decision No.351/K/Ag/2016)

2019 ◽  
Vol 6 (2) ◽  
pp. 164
Author(s):  
Rini Erlina ◽  
Yaswirman Yaswirman ◽  
Mardenis Mardenis
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Marriage Law ◽  
High Court ◽  
The Supreme Court ◽  
Legal Consequences

In Indonesia, polygamy is permissible as long as it is justified by religion and the rules of the marriage law. However, a husband who wants to have more than one wife can only be done if he fulfills various requirements decided by the Court. Based on the principle of “audi alteram partem”, the Supreme Court views that the consideration of the Jakarta Religious High Court towards the defendant's answers, evidence and witnesses submitted by the defendant is a right decision even though they are late and no trial is submitted. The Supreme Court argues that polygamy permission is a necessity. It aims to maintain the welfare of the parties bound to the marriage that have been and are still ongoing. The word "can" in Islamic Law Compilation (KHI) article 71A shows that the cancellation of marriage for a reason of polygamy without court permission is tentative (facultative). Whether or not the marriage is canceled must be submitted to the court and is very dependent on the assessment of the benefits of the wife/wives and children. The legal consequences of the stipulation of the marriage establishment (ithbat) based on the decision of the Religious Court and the refusal to cancel the marriage establishment (ithbat), the child of the second wife has inheritance rights from his father, including assets from his property with his first wife.

Skin exposure: requirements to methods determining active ingredient of pesticides in washings

2019 ◽  
pp. 43-48
Author(s):  
V. N. Rakitskii ◽  
N. E. Fedorova ◽  
I. V. Bereznyak ◽  
N. G. Zavolokina ◽  
L. P. Muhina
Keyword(s):  
Lower Limit ◽  
Limit Of Detection ◽  
Solid Phase ◽  
Absorbed Dose ◽  
Ambient Air ◽  
Safety Coefficient ◽  
Limit Value ◽  
Calculated Risk ◽  
Nature Studies ◽  
Active Substances

The article presents results of studies exemplified by diquat on analysis concerning influence of lower limit value of quantitative assessment in washing sample for safety coefficient in exposure and in absorbed dose, if acting substance is absent in workplace ambient air samples and in dermal washings of workers. To control diquat in dermal washings, there is a method based on ion-pair liquid chromatography with ultraviolet detection (working wavelength 310 nm). To concentrate sample, cartridges for solid-phase extraction, containing ion exchange sorbent (Oasis MCX 6cc/500 mg), are used. Lower limit of assessment in washing sample — 0,15 micrograms. Experimentally set washing completeness is within range of 80–92%, standard deviation of repetition is 7,0% at most. The method created was tested in nature studies determining dermal exposure in workers subjected to 5 various preparations based on diquat dibromide when used for surface spraying from tractor and from aircraft. For lower limit of detection in washing sample (0,15 micrograms/washing), calculated risk value of exposure varied within 0,26–0,36; risk of absorbed dose was low — 0,23 (the allowable one ≤1). Findings are that present measuring methods which provide lower limit of detection 1 and 5 micrograms in washing sample could result in unallowable risk establishment even with absence of the substance in all samples of workplace air and dermal washings. The calculation formula suggested enables to give theoretic basis for requirements to lower limit of detecting active substances in dermal washing samples for evaluating risk of pesticides use in agriculture.

Discriminatory Taxation in Light of Fortescue: Its Implications for the Development of Northern Australia

2014 ◽  
Vol 42 (1) ◽  
pp. 1-23
Author(s):  
Anthony Gray
Keyword(s):  
Federal Government ◽  
Court Decision ◽  
Northern Australia ◽  
High Court ◽  
The North ◽  
Northern Regions ◽  
Word Discrimination ◽  
Taxation System

In the recent Fortescue decision, the High Court made some interesting observations regarding interpretation of the word ‘discrimination’ in the context of the Federal Government's power with respect to taxation in s 51(2) of the Australian Constitution. Coincidentally, the Federal Government has commenced consideration of options for the development of northern regions of Australia. Of course, one option would be to introduce a variable taxation system to encourage businesses and individuals to be based, and/or invest, in northern Australia. This article considers possible constitutional issues associated with variable taxation schemes overtly favouring businesses and individuals based in the ‘north’, given the recent High Court decision.

Finally, Our Own Brown! (?)

2012 ◽  
Vol 45 (2) ◽  
pp. 267-289 ◽  
Author(s):  
Yifat Bitton
Keyword(s):  
African American ◽  
Theoretical Analysis ◽  
Supreme Court Decision ◽  
The Other ◽  
Court Decision ◽  
High Court ◽  
Court Of Justice ◽  
Us Supreme Court ◽  
Distinctive Group ◽  
Contextual Reality

The decision in Noar Kahalacha, an anti-segregation in education case that was recently delivered by the Israeli High Court of Justice, has been ‘naturally’ celebrated as the ‘Israeli Brown’. But is it? This article points to the differences between the monumental US Supreme Court decision of Brown and the Israeli Brown-equivalent – Noar Kahalacha. It contends that the two cases bear differences that stem from the divergent patterns of discrimination they represent, and that they reflect these differences squarely. The discrimination patterns reflected by the cases differ by virtue of traits that are traditionally overlooked in antidiscrimination theoretical analysis. Comparing the two cases, therefore, allows us an opportunity to revisit the notion of discrimination and its antidote, antidiscrimination. Drawing on the dichotomous concepts of de jure/de facto discrimination and difference/sameness discrimination, the article shows how these dual theoretical notions are determinative in shaping the distinctiveness of each of these cases. While the African American victims in Brown were easily recognised as a distinctive group suffering from de jure discrimination, the Mizrahi victims in Noar Kahalacha – who suffer from de facto discrimination within a Jewish hegemonic society – lacked such clear recognition. Accordingly, the discrimination narrative that Noar Kahalacha provides is very incomplete and carries only limited potential for effective application in future struggles to eliminate discriminatory practices against Mizrahis in Israel. Brown, on the other hand, carries a converse trait. Though criticised, Brown, nevertheless, strongly signifies the recognition by White America of its overarching discriminatory practices, and implies a genuine dedication to break from it. This understanding further illuminates the limitations embedded in the possibility of ‘importing’ highly contextual antidiscrimination jurisprudence from abroad into our system's highly contextual reality of discrimination.

Gender, Internal Armed Conflict, and High Court Decision-Making in Transitioning Societies

2021 ◽  
Author(s):  
Lee Demetrius Walker ◽  
Melissa Martinez ◽  
Christopher Pace
Keyword(s):  
Decision Making ◽  
Court Decision ◽  
Internal Conflict ◽  
Political Rights ◽  
Habeas Corpus ◽  
High Court ◽  
Men 2 ◽  
Civil And Political Rights ◽  
And Gender ◽  
Conflict Intensity

Abstract Building on research that applies the policy deference model to high court decision-making during external war, we propose that conflict intensity, political government's preference on liberalization, and the gender of appellant impact the manner in which courts follow policy deference during internal war in transitioning countries. Contextually, we argue that shifts in women's roles and gender relations during internal conflict in transitioning societies condition the manner in which civilian courts make decisions on civil and political rights cases. During external war in advanced democracies, policy deference infers that courts will rule more conservatively on civil and political rights cases. Using habeas corpus cases as a representation of civil and political rights’ protection from El Salvador's civil war period (1980–1992) and two measures of conflict intensity, our findings indicate that the court's decision-making process deviates from conventional expectations derived from the policy deference model in three ways: (1) conflict intensity solely affects the court's decision-making on habeas corpus cases involving men; (2) the political government's choice for political liberalization affects the court's decision-making on both women and men cases; and (3) gender conditions the manner in which policy deference applies in a society that is experiencing societal change.

scholarly journals The Increments of Justice: Exploring the Outer Reach of Akiba’s Edge towards Native Title ‘Ownership’

2019 ◽  
Author(s):  
Simon Young
Keyword(s):  
Court Decision ◽  
Current Regulation ◽  
High Court ◽  
Native Title ◽  
First Peoples ◽  
New Challenges ◽  
Torres Strait ◽  
The Many

The Torres Strait regional sea claim, culminating in the High Court decision of Akiba v Commonwealth, signalled a new respect for the holistic relationships and dominion that underlay First Peoples’ custodianship of land and waters. The ‘Akiba correction’ centred upon a distinction between ‘underlying rights’ and specific exercises of them – and produced in that case a surviving right to take resources for any purpose (subject to current regulation). The correction emerged from extinguishment disputes, but the significance of this edge towards ‘ownership’ was soon evident in ‘content’ cases on the mainland. Yet there are new challenges coming in the wake of Akiba. What of the many native title determinations that have been settled or adjudicated on pre-Akiba thinking? And what does this renaissance in native title law offer to the communities that will fail (or have failed) the rigorous threshold tests of continuity – also crafted with the older mindset?

The Ebb and Flow of the Liberalization of the Jordanian Press: 1985–1997

1998 ◽  
Vol 75 (1) ◽  
pp. 127-142 ◽  
Author(s):  
Orayb Aref Najjar
Keyword(s):  
Court Decision ◽  
Press Freedom ◽  
Peace Agreement ◽  
High Court ◽  
The Past ◽  
The Press ◽  
The Government ◽  
Media Globalization ◽  
Ebb And Flow

This study examines press liberalization in Jordan. It argues that Jordan's evolving relations with Palestinians, its peace agreement with Israel, and media globalization have changed the context within which the Jordanian media operate and have given the government some flexibility to liberalize the press starting in 1989. However, some of the same issues that have led to press restrictions in the past have precipitated the introduction of “The Temporary Law for the Year 1997” while the parliament was not in session. The study concludes that the presence of a a loose coalition of forces working for press freedom coupled with the January 1998 High Court decision declaring the temporary law unconstitutional suggest it is premature to read a eulogy for Jordanian press freedom.

A Reflective Assessment of Selected Problematic Aspects of South Africa’s Appraisal Remedy Regime Against the Backdrop of Cilliers v La Concorde Holdings Ltd

2020 ◽  
Vol 32 (3) ◽  
pp. 389-406
Author(s):  
J Mudzamiri ◽  
PC Osode
Keyword(s):  
Fair Value ◽  
Court Decision ◽  
Practical Application ◽  
Reflective Assessment ◽  
High Court ◽  
Holding Company

Several policy rationales have been offered as justifications for the new appraisal remedy, including its functioning as a credible exit vehicle for disgruntled shareholders upon receipt of payment of a ‘fair value’ for their shares. However, against the backdrop of the High Court decision in Cilliers v LA Concorde Holdings Ltd, this article explores two problematic issues regarding the practical application of the appraisal remedy. The first issue relates to who may access the remedy, while the second relates to the complexity, costs, and rigidity of the procedure that must be followed to access successfully the inherent benefits of the appraisal remedy. The paper argues, in the first instance, that the court’s decision in Cilliers to allow disgruntled shareholders in a holding company to access appraisal rights in relation to a subsidiary is salutary; and, secondly, that the complexity, costs, and rigidity of the appraisal procedure can be alleviated through the revision of some of the underlying statutory provisions.

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