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2022 ◽  
Vol 6 (1) ◽  
Fitrian Welfiandi

Fiduciary guarantee is a guarantee right for movable objects both tangible and intangible and immovable, especially buildings that cannot be encumbered with mortgage rights that remain in the possession of the Fiduciary Giver, as collateral for certain repayments that give priority to Fiduciary Recipients over other creditors. After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 resulted in changes to the provisions of Article 15 paragraph (2), Article 15 paragraph (3), and Elucidation of Article 15 paragraph (3) UUJF, specifically changes to the interpretation of breach of fiduciary violations and executions. This thesis will discuss issues regarding the execution of fiduciary security objects after the Constitutional Court ruling No. 18 / PUU-XVII / 2019 and how the legal protection of debtors for arbitrary creditors' actions.Keywords: execution, fiduciary, debtor protection.

2021 ◽  
Vol 20 (2) ◽  
pp. 163
Zainal Azwar ◽  
Firdaus Firdaus ◽  
Anshari Az Zarqy

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Lizelle Ramaccio Calvino

On 18 September 2019, the Constitutional Court confirmed that the common-law defence of “reasonable and moderate chastisement” is unconstitutional as it unjustifiably violates sections 10 and 12(1)(c) of the Constitution of the Republic of South Africa, 1996. As a result, parents are no longer permitted to punish their child at home by way of inflicting physical punishment behind a facade of discipline. Despite the aforesaid, it should be noted that corporal punishment in the private sphere is not explicitly prohibited by South African legislation. In addition, South Africa’s legislative system lacks an appropriate regulatory framework to administer the anticipated proliferation of assault cases against parents. It is against this backdrop that this article first analyses the current legislative framework regulating the protection of children from physical punishment, and then follows with a succinct overview of the Constitutional Court ruling. The article assesses whether the mere repeal of the common-law defence of “reasonable and moderate” chastisement will be sufficient to eradicate corporal punishment in the private sphere, and if not, whether legislative prohibition and/or other interceding strategies will be required to give effect to the objective of the Constitutional Court ruling. In this regard, by way of comparative research, the legislative framework adopted by Sweden, being the first country in the world to prohibit all forms of corporate punishment of children is evaluated. Lastly, recommendations are made for the incorporation of practical steps, including possible legislative measures, to establish a regulatory framework from a children’s rights perspective to prohibit corporal punishment in the private sphere. Accordingly, for purposes of analysis and consideration, a qualitative approach is applied for purposes of the research. Primary sources such as the Constitution, case law, legislation, governmental documents, statistical data and research reports are consulted in conjunction with journal articles and textbooks.

2021 ◽  
Ingo Glaser ◽  
Sebastian Moser ◽  
Florian Matthes

Various online databases exist to make judgments accessible in the digital age. Before a legal practitioner can utilize state-of-the-art information retrieval features to retrieve relevant court rulings, the textual document must be processed. More importantly, many verdicts lack crucial semantic information which can be utilized within the search process. One piece of information that is frequently missed, as the judge is not adding it during the publication process within the court, is the so-called norm chain. This list contains the most relevant norms for the underlying decision. Therefore this paper investigates the feasibility of automatically extracting the most relevant norms of a court ruling. A dataset constituting over 42k labeled court rulings was used in order to train different classifiers. While our models provide F1 performances of up to 0.77, they can undoubtedly be utilized within the editorial publication process to provide helpful suggestions.

2021 ◽  
Vol 9 (11) ◽  
pp. 937-945
Miracle Soplanit ◽  
Andress D. Bakarbessy ◽  
Saartje S. Alfons

The purpose of research is to knowing how the construction of contempt of court on the action that is not implementing the court ruling of administrative court. The method of research is yuriction normative which is using the approach of legal norm and conceptual approach . This Research done with analyzing the primarily and secondary of legal material. Result of research is showing that contempt of court consists of the aspect of criminal insult and civil insult . Civil insult cover all activities that is not implementing the court ruling , so its not implementing court decision of administrative which has been have the power of permanent law is also categorized as action of contempt of court.

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 91
David Hoa Khoa Nguyen ◽  
Jeremy F. Price ◽  
Duaa H. Alwan

Public school educators must navigate very complex intersections of the First Amendment’s Establishment, Free Exercise, and Free Speech clauses. The 6th Circuit’s ruling in Meriwether vs. Hartop created a slippery slope that could create a hostile learning environment and be discriminatory speech while trying to balance public-school educators’ sincerely held religious beliefs. This article examines the Meriwether case and court ruling while providing a background of U.S. Christian nationalism and its implications in American public education.


Headline INDONESIA: Ruling on law is inconvenient for Jokowi

Viktoriya Viktorovna Kalinkina

The subject of this research is a set of legal norms that regulate relations in the sphere of challenging of transactions of the debtor, as well as the law enforcement practice. The object of this research is the social relations that develop in the context of challenging of transactions of the debtor in bankruptcy case. The article discusses the problems faced by the arbitration and financial executives at the stage of claim preparation for challenging of transactions of the debtor, i.e. formation of evidence, as well as at the stage of execution of the corresponding court ruling. The purpose goal of this article lies in articulation of the problem, substantiation of the need for legislative regulation, and formulation of recommendation for the improvement of current legislation on the subject matter. The scientific novelty consists in addressed the issues that have not previously become the subject of separate research; as well as in the author’s conclusions and recommendations aimed at the improvement of the Federal Law No. 127-FZ of. October 26, 2002 “On Insolvency (Bankruptcy)” and other normative legal acts regulating this field. The acquired results can also be used in the Russian legal science for further elaboration on the issues related to the effectiveness of the mechanism for challenging of transactions of the debtor, and as well  as improvement of the current legislation of the Russian Federation and law enforcement practice that regulate this field.

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