scholarly journals Execution of Recognition of Grosse Documents Made Payable Notary

2018 ◽  
Vol 1 (3) ◽  
pp. 811
Author(s):  
Rekowarno Rekowarno
Keyword(s):  
Legal History ◽  
Comparative Law ◽  
Court Decision ◽  
Court Decisions ◽  
Formal Requirements ◽  
Legal Force

This study, entitled: Implementation of Execution of Deed of Acknowledgment of Debt Groose Created Notary, the problems of this study are 1) How is the execution of the Deed of Acknowledgment of Debt Groose made Notary? 2) What are the barriers and solutions in the execution of the Deed of Acknowledgment of Debt Groose made Notary? The method used in this research using normative juridical approach, which includes research principles of law, the legal systematics, synchronization of law, legal history and comparative law. The results using this method Sociological Juridical conclude that: 1) Execution of a debt recognition grosse deed as authentic deeds in the lending agreement, can only be carried out under the leadership of Chairman of the Court (court fiat) local. Not that grosse deed of acknowledgment of debt which includes the phrase, "As Justice Based on God" the legal force equivalent Court decision that has binding can be carried out executions without trial fiat (parate execution). Precisely because equated with court decisions that have permanent legal force, the implementation of the execution must be at the behest and under the leadership of Chairman of the Court, 2)Barriers execution grosse deed of acknowledgment of debt arose because of noncompliance with formal requirements, the form must be as specified by the Act and the terms of material, which is the amount of debt must be certain or uncertain, the deed must be an acknowledgment of debt unilaterally from the debtor, and not to be confounded with the grosse deed mortgages. These problems can result grosse deed recognition execution request Debt can not be accepted by the President of the Court State and cause grosse deed of recognition The debt does not have the power executorial,Keywords: Execution Groose, Deed of Acknowledgment of Debt, Notary.

scholarly journals Implikasi Hukum Putusan Pengadilan terhadap Pembatalan Perkawinan

2020 ◽  
Vol 1 (1) ◽  
pp. 54
Author(s):  
Muchtar Anshary Hamid Labetubun ◽  
Sabri Fataruba
Keyword(s):  
Research Method ◽  
Court Decision ◽  
Court Decisions ◽  
Conceptual Approach ◽  
Legal Implications ◽  
Husband And Wife ◽  
Legal Force

Cancellation of a marriage begins after the Court decision has permanent legal force and is valid since the time the marriage takes place. The purpose of this study is to examine and analyze the legal implications of court decisions on cancellations made after marriage because it involves protecting the rights and obligations of the parties (husband and wife). The research method used is the type of normative research with a statutory approach, a conceptual approach and a case approach. The results showed that the cancellation of a marriage has permanent legal force, the separation is different from the husband and wife who separated due to divorce, but the obligation of iddah still applies to women whose marriage is canceled, while the provision of living has different provisions, namely, not getting a living from her ex-husband, because a marriage with a fasid contract that does not require a living. Cancellation of a marriage begins after a court decision has permanent legal force, and is effective from the time the marriage takes place.

scholarly journals Perlindungan Hukum Hak-Hak Istri Pasca Perceraian

2020 ◽  
Vol 1 (2) ◽  
pp. 195-211
Author(s):  
Nasriah Nasriah ◽  
Dachran S Busthami ◽  
Hamza Baharuddin
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Force

Penelitian bertujuan mengetahui bentuk perlindungan Terhadap Istri Melalui putusan pengadilan di Pengadilan Agama Belopa dan mengetahui pelaksanaan isi putusan hakim Pengadilan Agama Belopa tentang pemberian nafkah mantan istri akibat cerai talak. Metode yang digunakan adalah metode penelitian yuridis-sosiologis. Hasil penelitian menunjukkan bahwa Penerapan bentuk perlindungan hukum terhadap istri yang diberikan melalui putusan pengadilan yaitu berupa pemberian nafkah lampau, nafkah mut’ah, nafkah iddah, dengan cara pembebanan kepada bekas suami. Dan Pelaksanaan pemberian nafkah mantan istri akibat cerai talak dilaksanakan setelah suami membacakan ikrar talak atau setelah putusan berkekuatan hukum tetap. Namun dalam prakteknya, banyak suami yang tidak mau membayarkan nafkah mantan istri di persidangan, sehingga hakim memberikan kebijakan dengan memerintahkan suami untuk membayarkan mut’ah, nafkah iddah, dan nafkah madhiyah sebelum pembacaan ikrar talak atau menunda sidang penyaksian ikrar talak bagi suami yang ingkar terhadap kewajibannya. Kebijakan tersebut dilakukan untuk memberikan perlindungan hak-hak mantan istri dan memberikan keadilan bagi istri yang ditalak oleh suaminya. This study aims to determine the form of protection for wives through court decisions at the Belopa Religious Court and to find out the implementation of the contents of the Belopa Religious Court judge's decision regarding providing a living for ex-wives due to divorce. The method used is a sociological-juridical research method. The results showed that the application of the form of legal protection to the wife that was given through a court decision was in the form of giving a past income, living a mut'ah, iddah income, by means of imposition to the ex-husband. And the provision of income for the ex-wife due to divorce is carried out after the husband has read the divorce vow or after the decision has permanent legal force. However, in practice, many husbands do not want to pay for their ex-wives in court, so the judge provides a policy by ordering their husbands to pay mut'ah, iddah livelihoods, and madhiyah livelihoods before reading the divorce vows or postpone the hearing of the divorce vows for husbands who renounce obligation. This policy was carried out to protect the rights of the ex-wife and to provide justice for the wife who was bullied by her husband.

scholarly journals Fungsi Pengawasan Hakim Pengawas dan Pengamat terhadap Pembinaan Warga Binaan

2019 ◽  
Vol 1 (2) ◽  
pp. 77-88
Author(s):  
Elvi Susanti
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Social Reintegration ◽  
Legal Force

Penelitian ini bertujuan untuk menganalisis fungsi pengawasan hakim terhadap putusan pengadilan. Penelitian didasari pada bahwa pengawasan pada tahap pelaksanaan putusan dalam sistem peradilan pidana dapat dilakukan setelah adanya putusan pengadilan yang telah berkekuatan hukum tetap (incraht). Metode Penelitian yang digunakan adalah metode penelitian normative. Hasil penelitian menunjukkan bahwa Fungsi pengawasan hakim pengawas dan pengamat (Kimwasmat) terhadap pembinaan warga binaan (Wabi) adalah memberikan kepastian terhadap jaminan perlindungan hak asasi warga binaan (Wabi); memberikan jaminan kepastian hukum terhadap pelaksanaan putusan hakim; jaminan pembinaan warga binaan (Wabi) dalam rangka reintegrasi sosial di masyarakat This study aims to analyze the supervisory function of judges against court decisions. The research is based on the fact that supervision at the stage of implementation of the verdict in the criminal justice system can be carried out after the existence of a court decision that has permanent legal force (incraht). The research method used is a normative research method. The results of the study showed that the function of supervising supervisors and observers (Kimwasmat) towards fostering the assisted citizens (Wabi) was to provide assurance of the guarantee of the protection of the human rights of the assisted people (Wabi); provide legal certainty against the implementation of judges' decisions; guarantee of fostering fostered citizens (Wabi) in the context of social reintegration in the community.

scholarly journals Cancellation of Land Certificate Based on The Court Decision in Indonesian Legal System

2019 ◽  
Vol 6 (5) ◽  
pp. 471
Author(s):  
Panji Utama Silva ◽  
Rene Descartes ◽  
Debby Dwita Sari Daulay
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Reason ◽  
The Status ◽  
Ownership Rights ◽  
Legal Force

Judge's decision has many benefits in achieving legal certainty, including in the case of the cancellation of certificate of ownership, but for the cancellation of the certificate must be canceled through the Land Office, because legally formally the cancellation is not enough with a court decision only, based on the Regulation of the National Land Agency Number 11 of 2016 concerning Settlement of Land Cases there are rules on how to revoke certificates of ownership based on court decisions that have permanent legal force. Object of research is how the to cancel the certificates of land based on court decisions that have permanent legal force, then the legal status of certificates of ownership rights that have not been canceled based on decisions that have permanent legal force. The cancellation certificates of land based on court decisions that have legal force must still be carried out based on the qualifications of Article 49 of Law Number 11 of 2016. The legal reason for refusing to cancel the certificate is to be qualified according to Article 49 paragraph 2 and Article 58 of Law Number 11 In 2016. The status of the certificate that has not been canceled, then legally formally it still belongs to the party listed on the certificate so that legally transferring rights can still be carried out on behalf of the parties listed on the certificate. The suggestion in this research is that the process of canceling the certificate is by requesting the determination of the court to cancel the certificate contained in the object of the case so that a formal juridical cancellation can be carried out at the Land Office based on Law No. 11 of 2016.

Digital platforms under fire: What Australia can learn from recent developments in Europe

2018 ◽  
Vol 43 (4) ◽  
pp. 275-282
Author(s):  
Samson Esayas ◽  
Dan Svantesson
Keyword(s):  
Court Decision ◽  
Final Report ◽  
Court Decisions ◽  
Clear Trend ◽  
Digital Platforms ◽  
Recent Developments ◽  
Selection Of

There is a clear trend of a hardening attitude towards digital platforms. In Australia this trend is exemplified by the Australian Competition and Consumer Commission’s current inquiry specifically into digital platforms. Further, it can also be seen in court decisions. Having discussed one such court decision, we give a brief overview of the Australian Competition and Consumer Commission’s digital platforms inquiry. We then seek to bring attention to a selection of particularly relevant European developments that may usefully inform how Australia proceeds in this arena and that may be considered in the Australian Competition and Consumer Commission’s final report due to be provided to the Treasurer on 3 June 2019.

scholarly journals STUDY OF CONTRACT OBJECT IN MULTI-SERVICE FINANCING USING IJARAH IN ISLAMIC BANK

2021 ◽  
Vol 6 (2) ◽  
pp. 225
Author(s):  
Kamalia Firdausi
Keyword(s):  
Court Decision ◽  
Court Decisions ◽  
Legal Research ◽  
Islamic Bank ◽  
Approach Method

In a case of a dispute between an islamic bank and a customer related to multi-service financing using an ijarah contract at an islamic bank, the customer is suing for the cancellation of the contract on the multi-service financing on the grounds that the object of the contract is not the object of the contract, so the contract should be null and void. However, the court decision stated that he rejected the customer's claim. This research was conducted to examine the application of sharia principles in legal considerations in court decisions regarding contract objects in multi-service financing using the ijarah contract. This research is a normative legal research using the statutory approach method. The results of this study indicate that the legal considerations in court decisions regarding the object of the contract in multi-service financing using the ijarah contract are formally correct, but materially there is still a possibility of gharar that is not in accordance with sharia principles.

scholarly journals Kekuatan Pembuktian Wasiat Di Bawah Tangan dan Ratio Legis Putusan Pengadilan Negeri Bitung Nomor 43/Pdt.G/2015/PN.Bit. tentang Jual Beli Tanpa Adanya Bukti Tertulis

2020 ◽  
Vol 5 (2) ◽  
pp. 369
Author(s):  
Inca Nadya Damopolii ◽  
R. Imam Rahmat Sjafi’i
Keyword(s):  
Research Method ◽  
Customary Law ◽  
Court Decision ◽  
District Court ◽  
Witness Testimony ◽  
Physical Evidence ◽  
Legal Consideration ◽  
Material Evidence ◽  
Laws And Regulations ◽  
Legal Force

This study aimed to analyze the force of private testament proofing and the judge's consideration in the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. about sale without any written evidence. The study used a normative research method with a statutory approach and a case approach. The results showed the power of private testament regarding the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. is strong, judging from the power of physical evidence, the power of formal evidence, and the power of material evidence. However, the sale carried out between the plaintiff and the defendant which was not in the presence of the Land Deed Official had weak legal force because it was not in accordance with the prevailing laws and regulations. In their legal considerations, judges used the principle of sale customary law only, namely light and cash, and witness testimony de auditu as evidence. This legal consideration was deemed inappropriate because it was against the Basic Agrarian Law and in general the witness testimony de auditu was rejected as evidence.

scholarly journals Marriage in Serbian law and in comparative perspective

2020 ◽  
Vol 54 (2) ◽  
pp. 545-560
Author(s):  
Gordana Kovaček-Stanić ◽  
Sandra Samardžić
Keyword(s):  
Historical Development ◽  
Statistical Data ◽  
Family Law ◽  
Comparative Law ◽  
Comparative Perspective ◽  
Opposite Sex ◽  
Marriage Formation ◽  
Formal Requirements ◽  
Domestic Law ◽  
Opposite Gender

According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

Behavioral Economics and Court Decision-Making

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Doron Teichman ◽  
Eyal Zamir
Keyword(s):  
Decision Making ◽  
Economic Analysis ◽  
Behavioral Economics ◽  
Court Decision ◽  
Social Optimum ◽  
Court Decisions ◽  
Heuristics And Biases ◽  
Court System ◽  
Economic Analysis Of Law ◽  
The Social

Abstract The economic analysis of law assumes that court decisions are key to incentivizing people and maximizing social welfare. This article reviews the behavioral literature on court decision making, and highlights numerous heuristics and biases that impact judges and jurors and cause them to make decisions that diverge from the social optimum. In light of this review, the article analyzes some of the institutional features of the court system that may help minimize the costs of biased decisions in the courts.

SHORTENED TIMELINE OF APPEAL AGAINST INTERIM COURT DECISIONS MADE AT A PRE-TRIAL STAGE OF CRIMINAL PROCEEDINGS

2021 ◽  
pp. 38-49
Author(s):  
Polina O. Gertsen ◽  
Keyword(s):  
Russian Federation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Court Decision ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Medical Organization ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Russian Federation

The article deals with the problem of classifying interim decisions among those that are appealed in a shortened timeline, and determining the list of such decisions, as well as the closely related problem of determining the rules for calculating such a shortened timeline. Currently, the Criminal Procedure law provides for the possibility of appealing a number of interim decisions made at a pre-trial stage of criminal proceedings before the final decision Moreover, for appealing some interim decisions at a pre-trial stage of criminal proceedings, a general period of appeal is provided - 10 days from the date of the court decision, or the same period from the date of serving with a copy of the decision the person who is in custody, while for others a shortened timeline is 3 days from the date of the decision. Meanwhile, it follows from the literal interpretation of the Criminal Procedure Code of the Russian Federation that within a shortened three-day period, court decisions on the election of preventive measures in the form of a ban on certain actions, bail, house arrest, detention, the refusal to apply them or extend their application can be appealed. At the same time, such a conclusion is not confirmed either in the positions of the Plenum of the Supreme Court of the Russian Federation or in judicial practice. Based on the analysis of the criminal procedure law, the position of the Supreme and Constitutional Courts of the Russian Federation, scientific literature and practice, several problems are highlighted. Thus, the author states the discrepancy between the provisions of the Code of Criminal Procedure of the Russian Federation and the resolution of the Plenum of the Supreme Court of the Russian Federation when it comes to establishing the terms for appealing the court decision on a preventive measure in the form of bail. In addition, there is no single criterion for establishing shortened deadlines for appealing interim decisions, and there-fore, the list of such decisions requires analysis. In addition, the Criminal Procedure Code of the Russian Federation does not contain a norm that determines the rules for calculating daily terms. The author formulates several proposals for amendments. It is proposed to determine the criteria for a shortened appeal timeline as the restriction of the constitutional right to liberty and immunity of a person that requires the immediate judicial review of the lawfulness of such a decision. It is also necessary to correct the phrasing of Article 106 of the Criminal Procedure Code of the Russian Federation, which defines the procedure for applying a preventive measure in the form of bail, and establish the rule that appeal against such an interim court decision is filed according to the rules of Chapter 45.1 of the Criminal Procedure Code within ten days. The list of court decisions which must be appealed in a shortened timeline must be expanded by a court decision on putting a suspect or an accused into a medical organization providing medical or psychiatric care in hospital settings for forensic examination, as well as the extension of a person’s stay in a medical organization. In addition, the author has analyzed the approaches to the calculation of daily terms and proposes to amend Part 1 of Article 128 of the Criminal Procedure Code of the Russian Federation by establishing a single procedure for calculating daily terms, which does not take into account the day that served as a starting point of the term.

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