This article describes a course that bridged the disciplines of clinical and experimental psychology and the law. The course included discussion of issues in criminal law, such as the psychology of policing, the reliability of confessions, victimization, plea bargaining, jury decision making, and alternative dispute resolution, and in civil law, such as civil commitment, predicting dangerousness, and child custody. Course objectives, requirements, and teaching aids are outlined, and some thoughts on integrating these diverse topics are included.
Mediation as a way of dispute resolution through negotiation process toachieve agreement of the parties assisted by mediator. It is considered as a form ofdispute resolution that can meet the parties’ wishes, reducing the time and cost. It wantsa dispute was resolved through the peace of the parties as outlined in the agreement.Moving from the weakness of peace as contained in Act No. 37/2004, then themediation empowerment in the Commercial Court as a breakthrough and steps takento create an equal protection between debtors and creditors (especially prospectivedebtors). The empowerment of mediation in the Commercial Court is in line withthe policy direction and strategy of legal development contained in PresidentialRegulation No. 2/2015, especially civil law enforcement, namely the resolution ofcivil cases is performed by encouraging the optimization of mediation process in courtand simplification of civil procedure is expected to encourage the efficiency of civilresolution and give positive contribution to the improvement of national economy
Tujuan penelitian ini, yaitu untuk mengetahui dan menganalisis konsep hukum dalam perjanjian jual beli dan untuk menganalisis upaya hukum penyelesaian sengketa konsumen dalam perjanjian jual beli dari tindakan pelaku usaha yang tidak beritikad baik. Permasalahan yang diteliti pada penelitian ini yaitu, bagaimanakah konsep hukum dalam perjanjian jual beli dan bagaimanakah upaya hukum penyelesaian sengketa konsumen dalam perjanjian jual beli dari tindakan pelaku usaha yang tidak beritikad baik? Metode penelitian ini yaitu normatif yang bersumber dari bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier. Kesimpulan: upaya hukum penyelesaian sengketa konsumen dalam perjanjian jual beli dari tindakan pelaku usaha yang tidak beritikad baik didasarkan pada upaya hukum yang dapat dilakukan oleh konsumen atas kerugian yang dialami yaitu dengan memberikan ruang untuk menyelesaikan sengketa konsumen yaitu melalui litigasi (pengadilan) dan nonlitigasi (diluar pengadilan). Hal ini dapat ditinjau dari aspek hukum perdata, hukum pidana, dan hukum administrasi Negara.
The purpose of this research is to find out and analyze legal concepts in the sale and purchase agreement and to analyze the legal efforts of consumer dispute resolution in the sale and purchase agreement of the actions of business actors who are not in good faith. The problems examined in this study are, how is the legal concept in the sale and purchase agreement and how are the legal efforts to resolve consumer disputes in the sale and purchase agreement of the actions of business actors who are not in good faith? This research method is normative which comes from primary legal materials, secondary legal materials, and tertiary legal materials. Conclusion: consumer dispute resolution efforts in the sale and purchase agreement of the actions of business actors who do not have good intentions are based on legal remedies that can be carried out by consumers for the losses experienced by providing space to resolve consumer disputes namely through litigation (court) and nonlitigation court). This can be viewed from aspects of civil law, criminal law, and state administrative law.
In recent years, those involved in regulating, forming or advising faith communities have had much to contend with: the expansion of the vicarious liability doctrine, the status of ministers of religion and the decision in Shergill v Khaira, not to mention the General Data Protection Regulation. These issues share a common denominator: they require faith communities to give close consideration to the values which they seek to articulate and foster in the expression of their own autonomy and right of self-determination. That is, they serve as a prompt to reconnect with the intellectus and vinculo iuris of their own ecclesial norms. This article is intended to encourage such an exercise and to contribute to a discussion of the potential points of collaboration between the civil law and faith communities in securing dispute resolution by which ecclesial values may be accommodated.
The aim of the paper is to present the subject matter related to the procedure of resolving disputes arising in connection with implementation of agreements concluded on the basis of contract models published by the international federation FIDIC in 1999 Red and Yellow Book. The intention of the authors of the FIDIC templates was to apply an autonomous multistage procedure (the so-called multi-step clause) for resolving disputes based on arbitration without taking the matter to court. However, the application of the procedure proposed by FIDIC raises controversies of legal and factual nature. The problems concern, in particular: the nature, immediate enforceability, contestability of decisions issued by the Dispute Adjudication Board (DAB) and methods of their reinforcement. Other issues concern the absence of ‘standing’ or ‘full-term’ Adjudication Board and the right to arbitration in case when a party violates the internal dispute resolution procedure described in the contract, both for reasons dependent on and beyond its control. The publication is of legal and comparative nature and contains the analysis of related jurisprudence of civil law systems of selected countries.
Relations which appear from legal actions do not always end well. It is not seldom that it may end with conflicts or disputes which end in court. To demand for the rights which appear from those legal relations, there needs to be some procedures and regulations so that the demand of rights may be carried out according to the law. The law which regulates those things are usually called the civil law procedures. The resolution of civil disputes in court (litigation) and the resolution of civil disputes through a non-court manner (non-litigation) in the context of the divorce dispute resolution in the Religious Court, is a combination between the litigation and the nonlitigation mmethods. This is rather interesting to be studied. The interesting part is its effectivity as a preventive or a repressive effort in handling the divorce cases in the Religious Court.
In the dispute resolution mechanism both litigation and non-litigation such as arbitrary, proofing evidence process plays essential role to reconstruct the real occurrence in order to seek the truth. Proofing principles that is used in Indonesian arbitrary process is based on the Law number 30 year 1999 on arbitrary and alternative dispute resolution that is lex arbitri for Indonesia. Arbitrary is part of formal civil law, therefore its proofing principles is basically the same with the dispute resolution trough litigation. The Law number 30 year 1999 shows that Even though Indonesia is a civil law jurisdiction, there are some common law principles that are accommodated in the arbitrary process. Using conceptual and statute approach, this article attempts to look at proofing principles may arise in arbitrary mechanism based on the law mentioned and based on the actual practice.Keywords : arbitrary, proofing principles, civil procedural law.
This chapter addresses the interrelated topics of law and citizenship in Roman Achaia. The epigraphic evidence for cohabitation of Greek and resident Roman communities since the second century BCE, as well as the consequences of Roman military involvement—namely the creation of citizen colonies, administrative and political restructuring, transfers of land, and displacement of populations—inevitably raise questions of juridical gradation between and within the communities of mainland Greece. The spread of Roman citizenship on the one hand, and the persistence of the importance of local citizenships on the other, are directly relevant to the questions of jurisdiction and legal development in the province. Among the most discernible changes in juridical matters of the region is the decline of interstate arbitration and judicial capacities of territorial leagues. The institution of foreign judges, although still mentioned in epigraphic sources of the mid-second century CE, likely lost its original functionality too. Inter-community disputes fell under the complete jurisdiction of Roman authorities by the early first century CE, and the development of territorial dispute resolution under Rome reveals various points of interaction between Hellenistic arbitral practices and the procedural framework of Roman civil law. That said, the governor’s court, whether operating on an assize system or not, could not have been easily accessible, and private law matters within a polis were often dealt with by local judiciaries.
Mediation in Commercial Courst as equal Protection between Debtors and Creditors
