scholarly journals District Land Office Purworejo Role in Efforts To Solve Grants Dispute (Case 32 / Pdt.G / 2018 / PN. Pwr)

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 461
Author(s):  
Bayun Kismantoro ◽  
Akhmad Khisni
Keyword(s):  
Data Analysis ◽  
Supreme Court ◽  
Strong Evidence ◽  
The Other ◽  
Legal Research ◽  
Land Disputes ◽  
The Supreme Court

The number of disputes in Purworejo regency, especially in the area of land would make the authors interested in examining disputes and conduct research on the consideration of the judges through decisions that have been stated. Land disputes, is anything that causes disagreements, discord or strife. Dispute is a continuation of the conflict, and the conflict itself is a dispute between two parties, but the dispute was only buried and can not be shown and when the dispute was notified to the other party will be disputed. The problems of this study are 1) How Purworejo District Land Office Role In Resolving Grants Disputes Efforts In Case No.32 / Pdt.G / 2018 / PN.Pwr, 2) How Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute.This research used normative juridical approach (normative legal research) so called because this research is the study of literature. This study uses a basic decision No.32 / Pdt.G / 2018 / PN.Pwr. Normative research that discusses the doctrines or principles in jurisprudence. The results of this study show that, 1) Role of the District Land Office Purworejo In Effort Resolving Disputes Grant In Case No.32 / Pdt.G / 2018 / PN.Pwr rolegive evidence in the trial to support the strong evidence. 2) Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute. Judge offers mediation in accordance initial steps of the Supreme Court Regulation No. 1 of 2016.Based on the results of data analysis concluded that give evidence in the trial to support the strong evidence in case of Grant Disputes from the District Land Office Purworejo, consideration of the judge that the plaintiff has successfully refute the arguments of gugatanya partly in what he demanded from the gugatanya. Then the judges verdict. Suggestions for Purworejo Land Office Hopes to be more careful in the process of registration certificates andSense of justice is extremely important for the judge to impose any decision.Keywords: Land Office; Legal Dispute; Grant. 

scholarly journals An Inquiry into the Limits of Judicial Intervention in the Impeachment Process of Governors in Kenya

2020 ◽  
Vol 5 (1) ◽  
pp. 139-156
Author(s):  
Andrea Munyao
Keyword(s):  
Supreme Court ◽  
Separation Of Powers ◽  
The Other ◽  
County Government ◽  
Judicial Intervention ◽  
The Supreme Court ◽  
Problematic Issue ◽  
Duty To Protect ◽  
The One

Article 181(2) of the 2010 Constitution of Kenya instructs Parliament to enact a law highlighting the process of impeachment of a county governor. This has been realised through the County Government Act, Section 33. Section 33 recognises the County Assembly and the Senate as the bodies responsible for this process. However, the County Government Act fails to address at what point the courts can intervene in the impeachment process of governors. This is often a problematic issue as the doctrine of separation of powers requires each arm of government to perform their functions independently. Nonetheless, Kenyan courts have the duty to protect aggrieved parties whenever their rights are threatened. However, the point at which they can intervene is not stated under any law and this creates confusion between the role of courts of law in the impeachment process, on the one hand, and that of the County Assembly and the Senate, on the other. It is not clear which role should be discharged first. This paper, therefore, seeks to address this confusion through a critique of the Wambora case, a case that was appealed up to the Supreme Court. The paper also suggests a complimentary system whereby the Senate, County Assembly and the courts can work in harmony, and, do away with the confusion.

scholarly journals STUDI EVALUATIF PERAN HAKIM AD HOC dALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INdUSTRIAL dI PENGAdILAN HUBUNGAN INdUSTRIAL YOGYAKARTA

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Tata Wijayanta Wijayanta ◽  
Ari Hernawan
Keyword(s):  
Industrial Relation ◽  
Ad Hoc ◽  
Labor Union ◽  
Industrial Relations ◽  
Secondary Data ◽  
The Other ◽  
Primary Data ◽  
Legal Research ◽  
The Supreme Court

<p align="center"><strong><em>Abstract</em></strong></p><p><em>The research aim to evaluate the role of ad hoc judges in the settlement of industrial relation disputes, as well as to explore further what are the obstacles which may occur in the course of performing their duties. The research is a normative-empiric legal research. The data research comes from secondary data derived from literature studies and primary data from field researches. The data analyzed by qualitatively. The results of this research will show that ad hoc judges are appointed by the Supreme court and assigned to cases by the President of the court of Industrial Relations. Since its establishment, there has only been two appointments of ad hoc judges (one from the enterpreneur and the other from the labor union), and the court has tried and decided upon 104 cases (2006-2011). The most paramount obstacle turns out to be the lack of knowledge of the ad hoc judges in civil procedural laws while trying and deciding cases before them.</em></p><p><strong><em>Keywords</em></strong><strong>: </strong><em>c</em><em>ourt of Industrial Relations</em>, <em>Ad hoc Judge</em></p><p align="center"><strong>Abstrak</strong></p><p>Penelitian ini bertujuan untuk mengevaluasi peran hakim <em>ad hoc </em>dan untuk mengkaji hambatan-hambatan yang dialami hakim <em>ad hoc </em>dalam penyelesaian perselisihan hubungan industrial di Pengadilan Hubungan Industrial (PHI). Penelitian ini merupakan penelitian hukum empiris bersumber pada data sekunder dan data primer melalui penelitian kepustakaan dan penelitian lapangan Data dianalisis secara kualitatif. Hasil penelitian menunjukan bahwa hakim <em>ad hoc </em>diangkat oleh Mahkamah Agung dan ditunjuk dalam suatu perkara oleh Ketua PHI. Sejak didirikan PHI yogyakarta hanya terdapat dua hakim <em>ad hoc </em>yang masing-masing merupakan perwakilan dari pengusaha dan pekerja. Sebanyak 104 perkara diperiksa dan diputus oleh PHI yogyakarta antara 2006-2011. Hambatan utama yaitu kurangnya pengetahuan dan pemahaman hakim <em>ad hoc </em>tentang hukum acara perdata yang menghambat ketika para hakim <em>ad ho</em>c ini harus memeriksa dan memutus perkara.</p><p><strong>Kata kunci:  </strong>Pengadilan hubungan industrial, Hakim <em>ad hoc</em></p>

scholarly journals PROGRESIVITAS DALAM PENEGAKAN HUKUM PENYALAHGUNA NARKOTIKA

2017 ◽  
Vol 39 (2) ◽  
pp. 133
Author(s):  
Noni Surhayanti
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
The Other ◽  
The Supreme Court ◽  
Circular Letter ◽  
The Law

In the enforcement of law, there were found law problems that affect the establishment of the law which is faced by narcotic abusers. For the narcotics abusers who used it for themselves are often accused either singly or alternatively accusation with other article such as Article 111 or 112 Act Number 35 of 2009 on Narcotics, meanwhile in fact the executants proved as a abusers narcotics and invaded Article 127. This phenomenon triggered the dilemma for the judges in deciding the case in which are people who used narcotics without rights or unlawfull act, but on the other side the Article 127 is not accuse in letter accusation. The Circular Letter of the Supreme Court Number 3 of 2015 overcomes the problems of the decisions that must be taken by the Judges in deciding the judgement and granting the Judges of the discretion to impose the verdict by deviating from the minimum criminal provisions as stated in the Article 111 or 112, at the same time it signifies that progressivity law has an important role of law enforcement as well as the  justice.             Keywords : Progressifity, Law Enforcement, Narcotics Abusers.

BLOCKADE OF THE SURGE OF PROLACTIN AT PRO-OESTRUS BY ADMINISTRATION OF ANTI-OESTROGENIC SUBSTANCE, MER-25

1973 ◽  
Vol 74 (4) ◽  
pp. 769-774 ◽  
Author(s):  
Akira Yokoyama ◽  
Hiroshi Tomogane ◽  
Katuaki Ôta
Keyword(s):  
Strong Evidence ◽  
The Other ◽  
Other Hand

ABSTRACT A non-steroidal oestrogen antagonist, MER-25, was administered to cycling rats for elucidating the role of oestrogen in the surge of prolactin observed on the afternoon of pro-oestrus (POe). In animals injected with 20 mg of MER-25 intramuscularly on the afternoon (16.30 h) of the first day of dioestrus (D-1), the surge of prolactin was blocked while the level of prolactin on the afternoon of POe of these animals was significantly higher than that of the corresponding controls injected with oil. Ovulation was also blocked in these animals treated with the drug on the afternoon of D-l. On the other hand, treatment on the morning (10.30 h) of the 2nd day of dioestrus failed to prevent not only the surge of prolactin but also ovulation. These observations provide strong evidence for the view that oestrogen is responsible for the surge of prolactin on the afternoon of POe, and that the surge is accompanied by that of LH.

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

O ENSINO RELIGIOSO EM QUESTÃO

2018 ◽  
Vol 9 (21) ◽  
pp. 459
Author(s):  
Mauro Rocha Baptista
Keyword(s):  
Supreme Court ◽  
Religious Education ◽  
Common Core ◽  
Historical Perspective ◽  
National Curriculum ◽  
The Other ◽  
Federal Constitution ◽  
The Supreme Court ◽  
The Common

Neste artigo analisamos a relação do Ensino Religioso com a sua evolução ao longo do contexto recente do Brasil para compreender a posição do Supremo Tribunal Federal ao considerar a possibilidade do Ensino Religioso confessional. Inicialmente apresentaremos a perspectiva legislativa criada com a constituição de 1988 e seus desdobramentos nas indicações curriculares. Neste contexto é frisado a intenção de incluir o Ensino Religioso na Base Nacional Curricular Comum, o que acabou não acontecendo. A tendência manifesta nas duas primeiras versões da BNCC era de um Ensino Religioso não-confessional. Uma tendência que demarcava a função do Ensino Religioso em debater a religião, mas que não permitia o direcionamento por uma vertente religioso qualquer. Esta posição se mostrava uma evolução da primeira perspectiva histórica mais associada à catequese confessional. Assim como também ultrapassava a interpretação posterior de um ecumenismo interconfessional, que mantinha a superioridade do cristianismo ante as demais religiões. Sendo assim, neste artigo, adotaremos o argumento de que a decisão do STF, de seis votos contra cinco, acaba retrocedendo ante o que nos parecia um caminho muito mais frutífero.Palavras-chave: Ensino Religioso. Supremo Tribunal Federal. Confessional. Interconfessional. Não-confessional.Abstract: On this article, we analyze the relation between Religious education and its evolution along the currently Brazilian context in order to understand the position of the Supreme Court in considering the possibility of a confessional Religious education. Firstly, we are going to present the legislative perspective created with the 1988 Federal Constitution and its impacts in the curricular lines. On this context it was highlighted the intention to include the Religious Education on the Common Core National Curriculum (CCNC), which did not really happened. The tendency manifested in the first two versions of the CCNC was of a non-confessional Religious Education. A tendency that delineated the function of the Religious Education as debating religion, but not giving direction on any religious side. This position was an evolution of the first historical perspective more associated to the confessional catechesis. It also went beyond the former interpretation of an inter-confessional ecumenism, which kept the superiority of the Christianity over the other religions. As such, in this paper we adopt the argument that the decision of the Supreme Court, of six votes against five, is a reversal of what seemed to be a much more productive path on the Religious Education.Keywords: Religious Education. Brazilian Supreme Court. Confessional. Inter-confessional. Non- confessional.Enviado: 23-01-2018 - Aprovado e publicado: 12-2018

scholarly journals The Limits of Arbitration Law in Addressing Cultural Diversity: The Example of Ismaili Arbitration in the United Kingdom

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 47
Author(s):  
Sandrine Brachotte
Keyword(s):  
United Kingdom ◽  
Cultural Studies ◽  
Cultural Diversity ◽  
Supreme Court ◽  
Legal Pluralism ◽  
The Other ◽  
The United Kingdom ◽  
Arbitration Clause ◽  
The Supreme Court ◽  
Employment Equality

This article studies religious arbitration from the perspective of global legal pluralism, which embraces both normative plurality and cultural diversity. In this context, the article considers that UK arbitration law regulates both commercial and religious arbitration while relying on a monist conception of arbitration. It further identifies two intertwined issues regarding cultural diversity, which find their source in this monist conception. Firstly, through the study of Jivraj v. Hashwani ([2011] UKSC 40), this article shows that the governance of religious arbitration may generate a conflict between arbitration law and equality law, the avoidance of which can require sacrificing the objectives of one or the other branch of law. The Jivraj case concerned an Ismaili arbitration clause, requiring that all arbitrators be Ismaili—a clause valid under arbitration law but potentially not under employment-equality law. To avoid such conflict, the Supreme Court reduced the scope of employment-equality law, thereby excluding self-employed persons. Secondly, based on cultural studies of law, this article shows that the conception of arbitration underlying UK arbitration law is ill-suited to make sense of Ismaili arbitration. In view of these two issues, this article argues that UK arbitration law acknowledges normative multiplicity but fails to embrace the cultural diversity entangled therewith.

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