scholarly journals Upaya Hukum Banding Terhadap Putusan Verstek Yang Diajukan Oleh Pihak Tergugat Dikaitkan Dengan Asas Kepastian Hukum Dalam Tinjauan HIR/RBG

2020 ◽  
Vol 6 (1) ◽  
pp. 129
Author(s):  
Sherly Ayuna Putri ◽  
Achmad Syauqi Nugraha
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
The State ◽  
District Court ◽  
State Court ◽  
Court Ruling ◽  
Positive Law ◽  
Civil Proceedings ◽  
The Supreme Court ◽  
Case Number

The verdict of Verstek is the ruling that where the defendant, although called legitimately, does not come on a given day, and does not tell others to be facing his deputy, the claim is accepted with a decision without the presence (Verstek). Resistance is a legal effort against the verdict that was dropped outside the presence of the defendant. Essentially the resistance was provided for the defendant who (in general) was defeated. The Verzet is governed in article 125 paragraph (3) and 129 HIR, article 149 clause (3) Jo. 153 RBg. The research method which is conducted in this study is normative juridical research that emphasizes on the science of law and conduct an inventory of positive law relating to the effectiveness of statutory regulations in the fi eld of legal and descriptive analytical describing and analyzing the problems based on the legislation governing the law of civil proceedings regarding the legal efforts of Verstek decision. Based on the results of the study obtained fi rst problem of Verstek decision to be fi led by the defendant on the decision of the District Court of Bale Bandung Case Number: 37/PDT. G/2018/PN. BLB and the state court ruling of the Simalungun case number: 36/PDT. G/2013/PN. LICENSE does not conform to the norm in article 125 HIR and section 149 RBg. The two remedies that can be done by the plaintiff or the appeal is to apply for the appeal with the reasons set out in article 30 paragraph (1) of Law No. 5 of 2004 concerning the Supreme Court, among other things relating to the judge is not authorized or exceeds the limits of authority and or wrong in implementing or violating applicable laws.

scholarly journals Urgensi Pembentukan Peradilan Khusus Pemilu dalam rangka Mewujudkan Integritas Pemilu

2018 ◽  
Vol 7 (2) ◽  
pp. 267
Author(s):  
Iwan Rois ◽  
Ratna Herawati
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Research Method ◽  
District Court ◽  
Election Law ◽  
Legal Research ◽  
High Court ◽  
Provincial Level ◽  
The Supreme Court ◽  
General Elections

This study aims to analyze the need to establish a special election court which has the authority to solve various election law cases in order to realize elections with integrity; and analyzing the formulation of election special justice in order to realize the integrity of the election. The research method used is the method of normative legal research and the implementation of this research collects data from various sources in order to get an answer to the issues that have been formulated. The results of the study shows that  the purpose of the need for the formation of special judicial elections; First, to meet the growing demands of increasingly complex justice in society and more election law enforcement so as to realize the integrity of the elections; Second, To handle the election law cases quickly and simply so as to obey the integrity of the election. Formulation; First, the election special justice to be able to work quickly and simply in handling election law cases, domiciled at the central and provincial level, then entering the District Court or the High Court; Secondly, the Guidelines for the election special judicial law shall be based on Supreme Court Regulation Number 4 Year 2017 on Procedures for the Settlement of Administrative Offenses of the General Elections in the Supreme Court. Penelitian ini bertujuan untuk menganalisis perlunya membentuk peradilan khusus pemilu yang mempunyai kewenangan menyelesaikan berbagai perkara hukum pemilu agar terwujud pemilu yang berintegritas; dan menganalisis formulasi pembentukan peradilan khusus pemilu dalam rangka mewujudkan integritas pemilu. Metode penelitian yang digunakan ialah metode penelitian hukum normatif dan pelaksanaan dari penelitian ini mengumpulkan bahan hukum dari berbagai sumber guna mendapatkan suatu jawaban atas pokok-pokok permasalahan yang telah dirumuskan. Hasil penelitian menunjukkan bahwa tujuan perlunya pembentukan peradilan khusus pemilu; Pertama, Untuk memenuhi tuntutan perkembangan akan keadilan yang semakin kompleks dalam masyarakat dan lebih penegakan hukum pemilu sehingga mewujudkan integritas pemilu; Kedua, Untuk menangani perkara hukum pemilu dengan cepat dan sederhana sehingga mewudkan integritas pemilu. Formulasi; Pertama, Peradilan khusus pemilu agar bisa bekerja cepat dan sederhana dalam menangani perkara hukum pemilu, berkedudukan di tingkat pusat dan provinsi, selanjutnya masuk pada Pengadilan Negeri atau Pengadilan Tinggi; Kedua, Pedoman beracara pada peradilan khusus pemilu berdasarkan pada Peraturan Mahkamah Agung Nomor 4 Tahun 2017 tentang Tata Cara Penyelesaian Pelanggaran Administratif Pemilihan Umum Di Mahkamah Agung.

DINAMIKA YURISPRUDENSI MAHKAMAH AGUNG DALAM BIDANG PERDATA ISLAM

2011 ◽  
Vol 3 (2) ◽  
Author(s):  
Hasbi Hasan
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Islamic Law ◽  
Civil Law ◽  
Court Ruling ◽  
Background Factor ◽  
Supreme Court Ruling ◽  
Positive Law ◽  
The Supreme Court ◽  
The Law

<p><strong>This article </strong>discussed the dynamics of the Supreme Court jurisprudence in the legal setting, the problems that want revealed is how the dynamics of the Supreme Court ruling in Islamic law and what the aspects of philosophical and sociological background is. The results obtained indicates that the decisions of the Supreme Court in the civil law of islam have experienced a shift from the traditional framework of islamic law (conventional fiqh)</p> <p>into the framework of positive law (legislation fiqh). The shift was marked by a strong legislative paradigm both at the level of the law application (rechtshandhaving) and the discovery of the law (rechtsvinding). The issue of of justice, gender equality, and human rights is assumed as the background factor of the dynamics thought of Islamic law in the Supreme Court.</p> <p> </p> <p>Artikel ini mendiskusikan Dinamika Yurisprudensi Mahkamah Agung Ri dalam menetapkan hukum, permasalahan yang ingin diungkap adalah  bagaimana dinamika putusan Mahkamah Agung dalam bidang hukum islam dan apakah aspek-aspek filosofis dan sosiologis yang melatar belakangi terjadinya hal tersebut. hasil yang diperoleh menunjukkan bahwa putusan-putusan Mahkamah Agung dalam hukum perdata islam telah mengalami pergeseran dari kerangka hukum islam tradisional (fiqh konvensional) ke  kerangka  hukum  positif  (fiqh perundang-undangan).  Pergeseran  tersebut  ditandai oleh kuatnya paradigma legisme baik pada level penerapan hukum (rechtshandhaving) maupun penemuan hukum (rechtsvinding). Isu keadilan, kesetaraan gender, dan hAM diasumsikan sebagai faktor yang melatar belakangi dinamika pemikiran hukum Islam di Mahkamah Agung.</p> <p> </p>

scholarly journals La connaissance judiciaire des actes réglementaires

2005 ◽  
Vol 21 (2) ◽  
pp. 427-446
Author(s):  
Raoul P. Barbe
Keyword(s):  
Supreme Court ◽  
The State ◽  
Civil Litigation ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
The Supreme Court ◽  
The Subject ◽  
The Impact ◽  
Clear Statement

This paper describes the state of federal and Québec law as regards judicial notice of statutory instruments. The position in respect of federal instruments is first surveyed by reference to the provisions of the Canada Evidence Act and Canadian and British cases on the subject ; mention is then made of the now superseded Regulations Act of 1950 and the questions of interpretation that arose from it; and finally the impact of s. 23 of the Statutory Instruments Act of 1971 is evaluated in the light of the Supreme Court ruling in R. v. The « Evgenia Chandris ». The position in Québec law appears to be somewhat more confused. While the rule that regulations should be a matter for judicial notice seems well secured by s. 105 of the Summary Proceedings Act, this obviously only settles the point as regards penal proceedings under provincial statutes. In civil litigation, in the absence of any clear statement that regulations are to be judicially noticed, caution would seem to advise litigants to specifically plead and evidence the existence of regulations they intend to rely on. The author concludes by calling on the Québec Legislature to state explicitly the rule that regulations are a matter for judicial notice in any kind of proceedings.

The Gubernatorial Controversy in North Dakota

1935 ◽  
Vol 29 (3) ◽  
pp. 418-432
Author(s):  
Roy L. Miller
Keyword(s):  
North Dakota ◽  
Supreme Court ◽  
Federal District ◽  
The State ◽  
District Court ◽  
Federal District Court ◽  
The Supreme Court ◽  
Unique Experience ◽  
Political Conditions ◽  
The Right

Although many of our states have exhibited unsettled political conditions in recent months, North Dakota has passed through a unique experience in having four different governors occupy the executive office in six and one-half months. Twice during this period, the supreme court of the state has been requested to determine the right of the governor to hold office, and in each instance it has elevated the lieutenant-governor to the office. The first occasion resulted from the conviction of Governor William Langer of a felony after a trial in the federal district court, and the second involved the constitutional qualifications of Governor Thomas H. Moodie, elected last November.

scholarly journals Perlindungan Hukum Bagi Kreditor Terhadap Pelunasan Piutang Dari Harta Pailit

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Hamdi Hamdi ◽  
Sulaiman S ◽  
Teuku Yudi Afrizal
Keyword(s):  
Supreme Court ◽  
Capital Investment ◽  
Research Method ◽  
Mining Industry ◽  
Legal Protection ◽  
Supreme Court Decision ◽  
District Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Debt Payment

The concept of legal protection in bankruptcy has so far been seen as a way out of the problem of accounts receivable debt which coincides with a bankrupt debtor, where the debtor no longer has the ability to repay the debts which are past due to their creditors, so that the steps to submit a request for the determination of bankruptcy status by the Court Commerce of the debtor is a possible step to resolve the bankruptcy case. Bankruptcy was originally regulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK and PKPU). Furthermore, if the parties submitting bankruptcy applications, the Commercial Court Judges at the District Court are required to examine and hear the case being submitted. The research method used is the normative legal research method or library research with the statute aprroach approach and the case aprroach approach. Based on the results of the study, it is known that the form of legal protection for creditors against paying off debts from bankrupt assets in the Supreme Court Decision Number 511 / K / Pdt. Yinchenindo Mining Industry (in bankruptcy) by law becomes a guarantee for its debts to preferred creditors, in this case the Head of the Second Foreign Capital Investment Service Tax Office. Furthermore, the UUK and PKPU also guarantee the rights of creditors in bankruptcy, especially the rights of preferred creditors who have a special position with peace efforts and the postponement of obligations to pay debts of bankrupt debtors to their creditors as stipulated in Article 222 of the UUK and PKPU. The concept of the distribution of bankrupt assets distributed to preferred creditors after deducting bankruptcy fees and compensation for curatorial services where the payment process is settled based on the principle of fairness and balance set forth in Article 265 of the UUK and PKPU, where the preferred creditor parties receive the remaining payment of the receivables amounting to 62.5% ( sixty two point five percent) of the bankruptcy assets.It is expected that the Judges of the Commercial Court and the Court of Appeals at the Supreme Court consider the rights of preferred creditors who pay off their receivables first. The Debtor should be able to immediately submit a request to postpone the debt payment obligation so that the remaining outstanding debt receivables cannot be paid off to the preferred creditors through the sale of free assets. Keywords: Protections of the law, creditor, Treasures of starc

Dementia & Euthanasia: doubts regarding Advanced Dementia and Advance Directive

2020 ◽  
Vol 8 (1) ◽  
pp. 33-47
Author(s):  
Ton Vink
Keyword(s):  
The Netherlands ◽  
Supreme Court ◽  
Advance Directive ◽  
The State ◽  
Court Ruling ◽  
Advanced Dementia ◽  
Supreme Court Ruling ◽  
The Supreme Court ◽  
Alternative Reading

Severe doubts have arisen in the Netherlands about the applicability of an advance directive in the case of patients with advanced dementia requesting euthanasia. This applicability is firmly based on a widely accepted reading of the relevant subsection of the Dutch euthanasia law. I will question this reading and propose and defend an alternative reading. Arguments are supplied by the actual text of the subsection, by the moral doubts about ending the life of a patient who is hardly aware of what is happening, and by details from the first euthanasia case to go to court in the Netherlands, with the Supreme Court ruling of April 2020. As to euthanasia, alternatives are presented for the patient with a strong conviction and determination 'never to reach that state', the state of advanced dementia.

scholarly journals PEMIDANAAN TERHADAP PERBUATAN MENGHILANGKAN MAYAT YANG DILAKUKAN ANAK (STUDI TERHADAP PUTUSAN MAHKAMAH AGUNG NO. 774K / PID.SUS / 2015)

2018 ◽  
Vol 1 (1) ◽  
pp. 636
Author(s):  
Heppi Florensia ◽  
Mety Rahmawati
Keyword(s):  
Supreme Court ◽  
Criminal Code ◽  
District Court ◽  
Public Prosecutor ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
The Public ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Court Of Appeal

Criminalization of the offender especially in the perpetrators of children under age is as a sanction that tells implied to someone who performs acts meet certain conditions. Often in prosecuting a criminal case the Public Prosecutor is wrong in deciding what articles should be imposed on the perpetrator. As one case of Supreme Court verdict No.774K/PID.SUS/2015 with 16-year-old defendant Dicky Pranata prosecuted by the Prosecutor with Article 340 of the Penal Code juncto Article 56 of the Criminal Code is a criminal act of premeditated murder, in which the elements of Article 340 of the Criminal Code are not fulfilled the defendant's self but the existence of other crimes Article 181 of the Criminal Code of disappearance committed by the defendant. The defendant was sentenced to 10 years in prison at the District Court, while the defendant was released from the sentence of the Court of Appeal and Cassation. The problem in this research is whether the act of the perpetrator fulfills the elements in Article 340 juncto Article 56 paragraph (1) of the Criminal Code juncto Article 1 paragraph (3) SPPA Act and Article 181 of the Criminal Code? How to base criminal offenses in the Supreme Court ruling case No.774K/PID.SUS/2015? The researcher examines the problem with normative juridical method. Based on the analysis result that the defendant is not proven to commit element of crime Article 340 KUHP, but the existence of criminal act Article 181 of Criminal Code which has been done by defendant.

scholarly journals PENERAPAN ASAS CEPAT DALAM PERKARA PERBUATAN MELANGGAR HUKUM DI PENGADILAN NEGERI TANGERANG (Contoh Kasus: Putusan Nomor 498/Pdt.G/2016/PN Tng)

2018 ◽  
Vol 1 (1) ◽  
pp. 292
Author(s):  
Ezra De Artah Sasta ◽  
Ning Adiasih
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Civil Procedure ◽  
Effective Alternative ◽  
District Court ◽  
State Court ◽  
Know How ◽  
The Supreme Court ◽  
The Right ◽  
Speedy Trial

The purpose of this study is to know how the case process in the Tangerang District Court, how its application with the Supreme Court Circular No. 2 of 2014 in the acceleration of Civil procedure law cases in the Tangerang District Court from 2015 to 2017. By using normative juridical research methods, concluded: 1. The case process that occurred in the State Court as from the beginning until the judge's decision became the most effective alternative today. Because it can be seen from cases that have been systematic for the realization of justice. 2. The establishment of the Supreme Court Circular No. 2 of 2014 is very useful and provides basic guidance in the Tangerang District Court in the event of a speedy trial. However, in the practice of the Tangerang District Court on the issue of implementation in accordance with the Supreme Court Circular No. 2 of 2014 in the court environment does not go according to the hope of the formation of the regulation. There are some disputes that have passed the right time, although basically to deal with civil cases with the rules will not be long. Which makes the implementation of the quick principle does not apply well with the Supreme Court Circular No. 2 of 2014 in the Tangerang District Court. The rules used can not be implemented and can not be applied because they are not in accordance with the facts so that they are not in accordance with the rules and practices.

scholarly journals Sistem Utang Piutang Pupuk Dibayar Gabah di Jember Perspektif Fiqih Muamalah dan Hukum Positif

2021 ◽  
Vol 1 (3) ◽  
pp. 285-292
Author(s):  
Siti Muhlisah
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Accounts Receivable ◽  
Positive Law ◽  
Accounts Payable ◽  
The Supreme Court ◽  
Principle Of Justice ◽  
Descriptive Qualitative

Discussing about debt and credit is not foreign to everyone's ears. Accounts receivable is an agreement between one party and another with the agreed object and will be returned within a certain time as agreed. Debt and credit is a form of muamalah which is ta'awun (please help). The fact is that many debts and receivables are not following sharia and law in Indonesia. This study aims to determine and analyze how the practice of fertilizer receivables is paid with grain from the perspective of Fiqh Muamalah and Positive Law. The research method used is descriptive qualitative. The results of this study found that according to Fiqih Muamalah, the fertilizer receivable payable system is paid with grain that the transaction is allowed, but every addition in fertilizer receivables is paid with grain required by the creditor is usury. The practice of the fertilizer debt system being paid with grain also contradicts the principles of the contract, one of which is the divine principle, the principle of justice, and the principle of writing. In the Positive Law, the fertilizer accounts payable system is paid with the grain if it refers to the Supreme Court decision dated December 4, 1975, No. 804 K / Sip / 1973 principal debt plus 6% interest, because 6% interest is the usual interest at the time the agreement was held. And must be stipulated in writing. Meanwhile, the interest in the debt and credit is more than 70%.     

scholarly journals KEABSAHAN PEMBUKTIAN AKTA NOTARIS DI PENGADILAN SEBAGAI AKTA OTENTIK (Kajian Putusan No. 3591K/PDT/2018 )

2021 ◽  
Vol 6 (2) ◽  
pp. 53
Author(s):  
Hazar Kusmayanti ◽  
Yuda Anrova
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Secondary Data ◽  
Land Rights ◽  
Supreme Court Decision ◽  
Documentary Evidence ◽  
Analysis Method ◽  
Positive Law ◽  
The Supreme Court ◽  
The Republic

The evidentiary process requires evidence which is regulated under the civil procedure law in Article 164 HIR. Supreme Court decision number 3591K/Pdt/2018, discusses documentary evidence in the form of an agreement to transfer and transfer land rights. Mahakamah Agung’s decision number 3591K/Pdt/2018 states that the deed has no legal force because the land object of the dispute has been issued a legally valid right to build (HGB) certifi cate. The purpose of this paper is to fi nd out the legal considerations of the decision of the Supreme Court of the Republic of Indonesia regarding the validity related to positive law in Indonesia. The research method used is a normative juridical approach with research specifi cations in the form of descriptive analytical through secondary data obtained from literature studies. The data analysis method used is qualitative normative method. The conclusion was obtained that the deed of agreement of transfer and transfer of land rights as outlined in deed number 255 is legally valid because the agreement was made by fulfi lling the validity requirements of the agreement in Article 1320 of the Civil Code, however the judge did not provide further explanation in the judge’s consideration regarding the validity of the letter.

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