scholarly journals Penentuan Massa Iddah Bagi Istri yang di Talak di Luar Sidang Pengadilan Agama

2019 ◽  
Vol 1 (1) ◽  
pp. 48-57
Author(s):  
M. Sirojudin Siddiq, M.H
Keyword(s):  
Legal Proceedings ◽  
Legal Remedy ◽  
Legal Force

Abstract In the fiqh the determination of the beginning of the period 'iddah depends on the condition of the woman when divorce occurs in a sacred state while menstruating, has been collected during the holy period or not menstruating. menstrual women divorced during menstruation or who have gathered at the time of divorce 'the iddah began to be counted in the aftermath of the holy period. And for women who are not menstruating,' the date is calculated from the day of the fall. In KHI ‘iddah is calculated since the divorce determination has a permanent legal force. Determination of permanent legal force if there is no legal remedy from the defendant during the deadline for filing legal proceedings. If there is a legal remedy, then ‘iddah is calculated since the legal determination has been fixed. The implementation of the determination of the beginning of the period ah iddah is carried out by KUA based on the date of the top / main sentence contained in the contents of the actacerai. The top date on the divorce certificate is the date on which the actatak readings on the divorce divorce or the date of the decision of the legal force remain in the claim.

scholarly journals The Application of Public Data in Forensic Real Estate Valuations: Problems, Limitations, Opportunities

2019 ◽  
Vol 14 (1) ◽  
pp. 24-29
Author(s):  
A. Yu. Butyrin ◽  
V. M. Kruglyakova ◽  
I. A. Shipilova
Keyword(s):  
Real Estate ◽  
Initial Data ◽  
The Body ◽  
Legal Authority ◽  
Data Completeness ◽  
Legal Proceedings ◽  
Public Data ◽  
Judicial Proceedings ◽  
Forensic Expert

One of the problems with the practice of legal proceedings is the determination of the legal authority limits of a forensic expert when he forms an array of initial data, the structure and content of which would provide a full and comprehensive research of the issues put before him by the body (person) having appointed the examination. The possibility of the specifed initial data completeness ensuring is suggested and substantiated in the article, arguments arising from the provisions of the law concerning neutralization of the traditional criticism directions of the expert in this part during his interrogation in the course of judicial proceedings on his conclusion are adduced.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals Penerapan Peradilan Adat Berbasis Kuasi Yudisial Dalam Memutus Sengketa Adat

2020 ◽  
Vol 12 (2) ◽  
pp. 260
Author(s):  
Al Araf Assadallah Marzuki
Keyword(s):  
Dispute Resolution ◽  
National Court ◽  
District Court ◽  
Domestic Court ◽  
Legal Remedy ◽  
Legal Uncertainty ◽  
Customary Court ◽  
Legal Force ◽  
Judicial Hierarchy

The customary court is not a judicial institution that can decide a dispute with the direction of justice as in the national court so that recognition of customary decisions does not get permanent legal force which results in legal uncertainty in dispute resolution through customary court institutions. Thus, there is an idea that is offered in this research that implements customary courts as quasi-judicial in resolving customary disputes. Through normative juridical research, it is found that: first, the position of customary courts is only limited to deliberative dispute resolution, and in the judicial hierarchy its position is not recognized. Second, the quasi-judicial model that can be applied in customary courts can emulate KPPU in deciding disputes where to obtain permanent legal force, the KPPU's decision needs to be ruled by a district court, and if some object to the verdict, they can file an objection legal remedy in the domestic court. a period of 14 days from receipt of the decision on the parties.

scholarly journals Implementasi Undang – undang Nomor 39 Tahun 2007 Tentang Cukai Terhadap Produk Hasil Pengolahan Tembakau Lainnya Berupa Liquid Personal Vaporizer yang tidak Dilengkapi oleh Pita Cukai

2021 ◽  
Vol 6 (1) ◽  
pp. 68-74
Author(s):  
Dimas Tragari Eldo Widodo ◽  
Anindya Bidasari ◽  
Suciati Suciati
Keyword(s):  
Field Research ◽  
Legal Research ◽  
Legal Provisions ◽  
Legal Remedy ◽  
Qualitative Descriptive ◽  
The Government ◽  
Processed Products ◽  
Descriptive Method

The background of this research is that the determination of Customs collection on Liquid Personal Vaporizer can be concluded that the government has found an answer to the debate that has been happening in Indonesia regarding the prohibition of Personal Vaporizer. As for the formulation of the problem in this research is How the Implementation of “Law No. 39 of 2007” concerning Customs for other tobacco processing products in the form of Liquid Personal Vaporizer, How is the solution or legal remedy in the process of implementing Customs on other tobacco processed products in the form of Liquid Personal Vaporizer which is not equipped with Customs stamps. The type of research in this research is sociological juridical which in other words is a type of sociological legal research and can also be called field research, which examines the applicable legal provisions and what happens in reality in society. While the dataVanalysis technique uses a qualitative descriptive method. The conclusion obtained by the researchers from the results of this research is that although most of them are regulated by ministerial regulations, the application of Customs for HPTL products in the form of Liquid Personal Vaporizers is still based on Law No.39 of 2007 concerning Customs for all regulations related to the application of Customs. And also the legal settlement for Liquid Personal vaporizer that is not equipped with Customs stamps in the Malang Customs Customs KPPBC area using non-penal channels for the settlement.

The Court of Appeal

2018 ◽  
Author(s):  
Tilmann Büttner
Keyword(s):  
Legal Tradition ◽  
Legal Proceedings ◽  
Legal Remedy ◽  
Different Cultures ◽  
Court Of Appeal

The Court of Appeal, competent for deciding appeals and being the only admissible legal remedy within the UPC system, has the task of supervising and unifying the jurisdiction of the divisions of first instance. The procedures and decisions of the first instance, although exercised by panels of a common court, may diverge considerably as they will probably be affected by the different cultures of legal proceedings of the CMS from which the judges come. Therefore, and because of the lack of any further admissible legal remedy against decisions of the Court of Appeal, the Court of Appeal will not follow the legal tradition of one of the CMSs within the UPC. Consequently, to achieve this it is necessary to provide for a multinational composition of the panels of the Court of Appeal with judges who are, even above the level necessary in any event for the office of a judge at the UPC, qualified, experienced, and acknowledged as such by patent practice.

BENCHMARK FOR DETERMINATION OF FORCED MONEY IN EXECUTION OF STATE ADMINISTRATIVE COURT JUDGMENT

2020 ◽  
Vol 10 (1) ◽  
pp. 40-53
Author(s):  
Muhammad Ali ◽  
Ardilafiza Ardilafiza ◽  
Jonny Simamora
Keyword(s):  
Research Methods ◽  
The State ◽  
Court Decision ◽  
Court Ruling ◽  
Government Administration ◽  
Analytical Research ◽  
Money Order ◽  
Research Type ◽  
Legal Force

The purpose of this research is to study about Benchmark Determination of the Administrative Court Decision Execution Forced In. Research methods used in this thesis is a research type normative and descriptive analytical research specifications, and approaches used, namely, the approach Law and approach cases. From the research we concluded that since when the claimant may apply for money of enforced at the time of the initial filing a lawsuit to the Administrative Court, for their money forced / Dwangsom in a decision of the State Administrative Court, it is motivated by a petition of Plaintiff in the lawsuit to beg loading money forced / Dwangsom Defendant if lost and wayward implement administrative court ruling, benchmark application is the amount of money forced the ruling stating Plaintiff granted, judgment and decision condemnatoir who has obtained permanent legal force. Because implementing administrative court ruling is always Agency / Administrative Officers are still active, more effective and efficient if the imposition of forced currency / dwangsom taken / deducted from salaries / allowances officials concerned each month. So it is not charged to the State finances forced money order imposing sanctions / dwangsom and administratively feasible, must be followed by concrete implementing regulations relating to money forced / dwangsom to sync with the Administrative Court Act and the Law on Government Administration.

scholarly journals PANDANGAN KEPALA KUA GAYUNGAN TENTANG PENETAPAN AWAL MASA `IDDAH PADA PERKARA CERAI GUGAT

AL-HUKAMA ◽  
2018 ◽  
Vol 8 (1) ◽  
pp. 144-168
Author(s):  
Putri Lailatul Fitriah
Keyword(s):  
Descriptive Analysis ◽  
Circular Letter ◽  
Legal Force

The initial determination of the 'iddah period is very important to determine whether or not the couple should reconcile or to determine when a woman may marry someone else. Problems arise when there are different provisions in the Ministry of Religion Circular Letter No. 13.2 / 1 / Pw.001 / 1097/2004 with the views of the head of KUA Gayungan which is the executor of the circular letter. According to the circular letter, the period for talak divorce and gugat divorce starts from the date of issuance of the divorce certificate by the Religious Court which states that the `iddah period of the woman is calculated from the date the decision/determination has permanent legal force, namely the date stated above on the divorce certificate. While the Head of KUA Gayungan revealed that the `iddah period had fallen according to the date of the verdict. The disagreement between the circular letter issued by the Ministry of Religion and the head of KUA was examined using interview and documentation techniques and analyzed by descriptive analysis. The results of the study state that the views of the head of the KUA in determining the beginning of the `iddah period are not contrary to the laws that apply in Indonesia. The Head of KUA gives more benefit to women, if the initial determination of the `iddah period 'using the circular letter of the Ministry of Religion in the East Java region, it is feared the beginning of the period' is longer than the date the decision has permanent legal force, because sometimes the parties take or arrange divorce certificates when they need the divorce certificate.

scholarly journals Esensi Tenggang Waktu Sidang Ikrar Talak di Pengadilan Agama Bukittinggi

2020 ◽  
Vol 5 (2) ◽  
pp. 146
Author(s):  
Rahmiati Rahmiati ◽  
Elfiani Elfiani
Keyword(s):  
Qualitative Analysis ◽  
Research Methods ◽  
Field Research ◽  
Time Limit ◽  
Data Sources ◽  
Grace Period ◽  
Legal Remedy ◽  
Religious Courts ◽  
Legal Force

<p><em>This research is motivated by the decree in article 70 of Law act. 7 of 1989 regarding of the Religious Courts which regulates a grace period of 6 (six) months for witnessing a divorce pledge trial at the Religious Court. of setting this rule. The purpose of this study is to determine the implementation of the talak pledge trial at the Bukittinggi Religious Court as well as to know the wisdom of determining the 6 (six) month grace period for pronouncing the divorce vows by the husband against the wife in front of the Religious Court. This paper uses descriptive field research methods within the framework of qualitative analysis from data sources of observation, interviews and literature. The results of research and analysis found that the implementation of the pledge trial at the Bukittinggi Religious Court was carried out after the decision on the divorce divorce case had permanent legal force (inkracht), that is, if there was no ordinary legal remedy against the verdict. The time limit given to carry out the divorce pledge at the trial after the verdict with incraht is six months after the date of the divorce pledge trial is determined. The wisdom from determining a grace period of 6 (six) months for the husband to pledge his divorce is; First, to give the husband the opportunity to think about reviewing the decision to divorce his wife. Second, protection of the rights of women (wives). In this case, the husband is given the opportunity within this grace period to fulfill the rights of the wife who is demanded in court and decided by the panel of judges.</em></p><p><em><br /></em></p><p><em>Penelitian ini dilatarbelakangi oleh</em><em> </em><em>ketentuan dalam Pasal 70 UU No 7 Tahun 1989 tentang Peradilan Agama yang mengatur tenggang waktu 6 (enam) bulan untuk penyaksian sidang ikrar talak di Pengadilan Agama</em><em>. Aturan ini sejatinya tidak ditemukan di dalam kajian fiqh, namun secara fungsi belum terungkap kegunaan dari penetapan aturan ini</em><em>. Tujuan penelitian ini adalah untuk mengetahui pelaksanaan sidang ikrar talak di Pengadilan Agama Bukittinggi</em><em> sekaligus </em><em>mengetahui hikmah dari penetapan tenggang waktu 6 (enam) bulan untuk pengucapan ikrar talak oleh suami terhadap isteri dihadapan sidang Pengadilan Agama. </em><em>Tulisan ini menggunakan metode penelitian lapangan yang bersifat deskriptif dalam kerangka analisis kualitatif dari sumber data observasi, wawancara dan literatur. Hasil penelitian dan analisa ditemukan bahwa pelaksanaan sidang ikrar talak di Pengadilan Agama Bukittinggi dilakukan setelah keputusan perkara cerai talak mempunyai kekuatan hukum tetap (inkracht), yaitu apabila terhadap putusan tersebut tidak adalagi upaya hukum biasa. </em><em>Tenggang waktu yang diberikan untuk melaksanakan ikrar talak di Persidangan setelah putusan Berkekuatan Hukum Tetap (BHT) adalah enam bulan sejak penetapan hari sidang ikrar talak.</em><em> Hikmah dari penetapan tenggang waktu 6 (enam) bulan bagi suami untuk mengikrarkan talaknya adalah; Pertama, untuk memberikan kesempatan berpikir kepada suami guna mengkaji ulang keputusan menceraikan isterinya. Kedua, Perlindungan terhadap hak-hak perempuan (isteri). Dalam hal ini, suami diberi kesempatan dalam tenggang waktu tersebut, untuk memenuhi hak-hak isteri yang dituntut di persidangan dan diputuskan oleh majelis hakim. Tujuan utama dari ketentuan tenggang waktu untuk ikrar talak adalah untuk mempersulit terjadinya perceraian dan kemaslahatan terhadap suami (pemohon) dan isteri (termohon).</em></p><p><em><br /></em></p>

scholarly journals Multilingual Analysis of Macrostructure in Online Lower Court Judgments of England and Wales, Germany, France and Spain: A Comparative Summary and Phraseology

2020 ◽  
Vol 3 (10) ◽  
pp. 129-139
Author(s):  
Francisco Godoy Tena
Keyword(s):  
Legal Systems ◽  
Lower Court ◽  
England And Wales ◽  
Legal Proceedings ◽  
Legal Professionals ◽  
Lower Courts ◽  
Multilingual Corpus ◽  
Private And Public ◽  
Legal Document

Court judgments are documents in legal proceedings, defined as: “a court’s final determination of the rights and obligations of the parties in a case” (Garner, 2006: 388). The main importance of this legal document lies in the fact that it covers all private and public problems that may arise in society. Owing to this fact, court judgments can be found in most of the legal systems worldwide. The aim of this article is to establish a comparative study of court judgments from four legal systems and written in the following languages: English, German, French and Spanish. This paper is focused on the macrostructural structure of court judgments in four legal systems: England and Wales, Germany, France and Spain. Thanks to this contrastive analysis, we may establish some patterns in court judgments written in four languages and issued in four different legal systems in order to set some patterns that would be appropriate for legal professionals, translators and interpreters, linguistics, and other academic experts.  This digital corpus is composed of 60 multilingual court judgments: 15 of England and Wales, 15 of Germany, 15 of France, and 15 of Spain, issued recently (between the years 2019 and 2020) from different lower courts of these four legal systems. This study includes an internal analysis of the structure observed in all the court judgments, main terminology in the four languages with a brief explanation in English and the common phraseology in every court judgment of our multilingual corpus. This paper also includes the masculine and feminine forms in German, French and Spanish nouns, such as the French noun “Demand-eur [masculine] /-euse [feminine]”. Thanks to these findings, we may find some linguistic parameters for experts to understand these essential court documents, how to compare their linguistic similarities and how to overcome the main linguistic differences of court judgments in these languages in order to make this study practical in several disciplines, such as foreign language teaching, specialized translation of comparative law, among many others.

scholarly journals Forensic Determination of the Worth of Cultural Property

2021 ◽  
Vol 16 (2) ◽  
pp. 6-17
Author(s):  
A. Ya. Asnis ◽  
S. N. Khaziev
Keyword(s):  
Cultural Values ◽  
Forensic Assessment ◽  
Cultural Property ◽  
Moral Reasons ◽  
Materials Analysis ◽  
Legal Proceedings ◽  
Illegal Market ◽  
Preliminary Identification ◽  
Applied Art

Forensic determination of the worth of various objects involved in legal proceedings is essential for ensuring a fair trial. Determining the worth of mass-produced goods does not usually pose any difficulties. The situation is different for unique cultural values and items that are in particular demand among collectors, history buffs, and others, but are withdrawn from civil circulation for moral reasons.The article analyzes the most significant aspects of the current market of cultural values, considers the methodological foundations of the forensic assessment of the worth of cultural values, mainly works of fine and applied art. The authors substantiate the necessity for a comprehensive forensic examination of cultural values due to the requirement for preliminary identification of the authenticity of items, their author, circumstances, and time of creation. The types of research necessary for this have been identified, such as traceological, documentary, materials analysis, historical, art, and others.The paper shows that forensic assessment of the worth of the items withdrawn from civil circulation based on the data on their worth on the black (illegal) market or on the legal markets of countries where the circulation of such items is not legally prohibited is inadmissible. The prohibition on using information about events that occurred after assessing the worth of cultural property is substantiated.

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