Efektivitas Mediasi dalam Penanganan Perceraian di Pengadilan Agama Ponorogo

Every civil case in court must be resolved through mediation first. As technology develops, PERMA No. 1 of 2016 concerning mediation provides an option for parties who cannot attend in-person to carry out audio-visual mediation. The purpose of this study was to find out how the implementation and effectiveness of direct and audio-visual mediation in the settlement of divorce cases in PA Ponorogo and what factors were supporting and inhibiting its effectiveness. This is an empirical study that employs a qualitative approach. data collection techniques use observation, interviews, and documentation, while the analysis uses inductive analysis. From this study, it was concluded that in divorce cases in PA Ponorogo, direct mediation was more effective than audio-visual. Factors supporting the effectiveness of direct mediation are the ability of a mediator and a reliable legal representative; the existence of legal awareness; the existence of good faith; and the existence of legal knowledge of the parties. Then there are the supporting factors of audio-visual mediation, which are adequate facilities, informative and educative communication of attorneys to their clients, good faith and legal knowledge of the parties, and the agreed schedule. While the inhibiting factors of the two mediation models are the panel of judges' policies, inadequate facilities, time zone differences, and the emotions of the parties.

Putusan Sela Perkara Perdata Bila Penggugat Asal Meninggal Dunia

The decision of the Panel of Judges on Civil Case No. 414/Pdt.G/2019/PN Dps, which continued the trial and set an interim decision even though one of the plaintiffs had died, contradicted the Jurisprudence of the Supreme Court of the Republic of Indonesia Number 431K/Sip/1973, dated May 9, 1974. This study aimed to examine the setting of interlocutory decisions on the civil procedural law and examine the judge's considerations in determining the continuation of the trial process in the case of decision Number: 414/Pdt.G/2019/PN Dps when the original plaintiff died. This research was designed by using normative legal research and legislation approaches. The data used were primary and secondary legal data collected through documentation techniques by processing and analyzing legal literature that had been collected using legal arguments. The results of the study indicated that the provision of interlocutory decisions was regulated in Article 185 HIR/196 RBg. Interlocutory decisions could be divided into 4 groups, namely preparatory, interlocutor, incidental, and provisional. The judges' considerations in civil cases Number: 414/Pdt.G/2019/PN Dps The Intervenient asked the Panel of Judges to be given the position of a Plaintiff-Intervenor based on the legal basis of disputes over property rights, over the land and buildings on it with the Intervenient's position as a buyer in good faith.

Penyuluhan Hukum Penanganan dan Penyelesaian Perkara Perdata Di Klasis Buru Utara dan Buru Selatan

Introduction: In the life of society, nation and state, it cannot be denied that there are many problems and conflicts of interest in society that lead to cases. Both parties want to defend their interests or rights, so the case cannot be avoided. This also often occurs in communities in the North Buru Klasis and South Buru Klasis on Buru Island, Maluku Province.Purposes of Devotion: The handling and settlement of a civil case in the community is one of the fields of study in service activities that are important to convey to the community in order to improve the legal understanding of the community as well as education for the community with very minimal legal knowledge so that the public clearly understands the form of settlement of civil cases. Method of Devotion: The method used in this activity is in the form of legal counseling for the community in North Buru and South Buru Klasis through material presentation and questions and answers.Results of the Devotion: In the communities or congregations in Klasis Buru Utara and Buru Selatan, through the results of material presentations and discussions with various elements of society, both from the chairman of the class, chairman of the congregation, church pastor, village government staff, as well as youth elements and community leaders who attended the event. In counseling activities, the data found are that there are various legal issues and problems that often occur in the dynamics of the congregation, both among fellow congregation members and with outside communities in North Buru and South Buru.

Penerapan Contempt Of Court sebagai Terobosan dalam Membangun Efektivitas Eksekusi Riil dalam Perkara Perdata

This study tried to parse the possibility of contempt of court application is a breakthrough to build for effectiveness of real execution of civil cases. The discussion in this study rests on two problem objects, namely; 1) What are the obstacles in the real execution of civil case decisions; and 2) How can a solution be proposed to encourage the effectiveness of the real execution of civil cases. This paper is used to normative legal research so that it rests on the statute approach. The results of this research to indicate that in addition to normative problems in execution arrangements, in practice it is often found that problems occur due to physical resistance from the losing party in the trial. Because of this reason, it is important to apply contempt of court as a legal formulation to create an effective and efficient execution system.Keyword: Contempt of court, Real Execution, Civil CaseAbstrakKajian ini mencoba mengurai kemungkinan Penghinaan terhadap Pengadilan yang merupakan terobosan untuk membangun efektivitas eksekusi nyata dalam perkara perdata. Pembahasan dalam penelitian ini bertumpu pada dua objek masalah, yaitu; 1) Apa saja kendala dalam pelaksanaan putusan perkara perdata; dan 2) Bagaimana solusi yang dapat diajukan untuk mendorong efektivitas pelaksanaan perkara perdata yang sebenarnya. Tulisan ini digunakan untuk penelitian hukum normatif sehingga bertumpu pada pendekatan undang-undang. Hasil penelitian ini menunjukkan bahwa selain masalah normatif dalam pengaturan eksekusi, dalam praktiknya sering ditemukan masalah yang terjadi karena adanya perlawanan fisik dari pihak yang kalah dalam persidangan. Oleh karena itu, penting untuk menerapkan Penghinaan terhadap Pengadilan sebagai rumusan hukum untuk menciptakan sistem eksekusi yang efektif dan efisien. Kata kunci; Penghinaan terhadap Pengadilan, Eksekusi Nyata, Perkara Perdata

Corporate Liability for Creditors’ Losses during the Covid-19 Pandemic

Many companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companies’ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companies’ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability.

RETURN OF COURT FEE IN CONNECTION WITH LEAVING THE APPLICATION WITHOUT CONSIDERATION IN THE CIVIL PROCEEDINGS OF UKRAINE

The article researches the peculiarities of return of court fees in connection with the completion of a civil case without a court judgement in the form of leaving the application without consideration of legal regulation, analyzes the issues of this institute in judicial practice, and provides suggestions for improving its legal regulation. Attention has been drawn to the fact that since the court fee is one of the basic categories of access to justice, and therefore an element of the right of a person to judicial protection enjoyment, and the need to ensure the balance of interests of the state and the individual in regulating the legal basis of court fees payment, the grounds for the application of this procedural institute must be exhaustive and may not be subject to extended interpretation. Based on the comparative analysis of the legal regulation of the return of court fees institute, and in particular the legislative regulation of such grounds for its application as completion of civil proceedings without a court judgement in the form of leaving the application without consideration, it was found a legislative tendency to reduce the list of the very grounds for leaving the application without consideration, with the use of which the return of court fees is allowed. Examples of jurisprudence in the field of application of each ground of leaving the application without consideration through the prism of the institute of return of court fees have been given. Attention has been drawn to the fact that although in the process of amending the civil procedural legislation, which took place with the adoption of the Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts", such grounds as leaving by the plaintiff (his/her representative) of the courtroom was removed from the "general list" of grounds for leaving the application without consideration under Part 1 of Art. 257 CPC of Ukraine, it still exists, because it was left by the legislator in the article governing the consequences of non-appearance at the hearing of the parties (Part 6 of Art. 223 CPC of Ukraine). It has been constituted that item 4 of Part 1 Art. 7 of the Law of Ukraine "On Court Fees" provides the opportunity to return the court fee in case of completion of a civil case without a court judgement in the form of leaving the application without consideration on all grounds except those that constitute exceptions by law, and in particular the grounds established by items 3, 5 and 9 of Part 1 Art. 257 CPC of Ukraine, as well as Part 6 of Art. 223 CPC of Ukraine.

Administrasi Perkara Perdata Secara E-Court di Indonesia

The purpose of this research is to multiply the innovation related to civil case administration carried out by E-court by the Religious Court of the City of Banjar and the suitability of case administration based on Regulation No.1 of 2019. This research method is included in the category of field research, with a research approach. qualitative, with data collection techniques carried out through observation, interviews, and documentation. Meanwhile, the data analysis technique is done by analyzing the data inductively. The results show that 1) Civil case administration innovation in PA Banjar City in implementing simple, fast and low cost court principles is by implementing E-court, while still monitoring to avoid extortion and brokering perpetrators who charge fees outside the provisions that apply to people who are looking for justice. 2) The suitability of electronic civil case administration carried out in PA Banjar City refers to Perma No. 1 of 2019 can be said to be appropriate, which is evidenced by the existence of communication and socialization to employees, and ecourt services in PA Banjar City are adjusted to SOP which applies to the Banjar City Religious Court. The down payment fee of the case is adjusted to the radius of each area (plaintiff and defendant). 3) Constraints in using E-court in PA Banjar include Server Errors, Human Resources, excessive time saving, unable to explore the information that must be conveyed by both the plaintiff, defendant, and witnesses due to the limited time available the judge.

Keabsahan Hasil Cetak Screenshot Sebagai Alat Bukti dalam Pemeriksaan Perkara Perdata

The development of computer, telecommunication and information technology has proceeded in such a way that is now has a very big difference from 10 years ago. Trade and industrial business have given rise to new transaction models due to advantages of technological advances. In today's digital age computers, telecommunications, and information are developing very rapidly, making the use of this technology encouraging proof of screenshots to be one of the evidence used in court. This study aims to determine the legal regulation of printed evidence (screenshots) in civil court proceedings, and to determine the strength of the printed evidence (screenshots) in proving civil cases. The research method used is normative legal research with a statutory approach related to this research. The results show that the legal regulation of screenshot evidence can be seen in Law No. 19 of 2016 and Article 1866 of the Criminal Code which is usually used in civil case trials. Then, the strength of the screenshot evidence has the power of proof that is binding for the judge and the parties concerned. So, it can be concluded that screenshot evidence can be used in civil case cross-examination because it is in the same position as other evidence and can be used legally, and this screenshot evidence is binding both for judges and for other parties who wish to use it.

THE SIGNIFICANCE OF AGREEMENTS THAT ARE QUALIFIED AS FRAUD CRIME

An agreement is a legal act in which a person promises to another person or more or in which two people promise to carry out something, as is also stated in Article 1313 of the Civil Code. Contract cases are the civil case domain, but they can become criminal offenses if what is promised is fictitious or a lie. However, the reality is that currently, in practice, many practitioners are confusing it so that the reporting party criminally reports many cases of this Agreement. The purpose of this research is to find out to what extent a case agreement can be reported criminally. The problems studied in this study are: (1) what is the significance of an agreement according to Indonesian Law? (2) what is the significance of an agreement as a criminal offense of fraud? In this research, the researcher provides an overview of the Agreement's significance according to national law and the meaning of the Agreement as a criminal offense of fraud, as we know that an agreement is a civil case domain but can be included in a criminal case if the elements as mentioned above are fulfilled. In Article 378 of the Criminal Code, as happened in the case of default as stated in the Supreme Court Jurisprudence No. 1689 K/Pid/2015, which gave a verdict that the defendant had violated Article 378 of the Criminal Code jo. 55 paragraph (1) of the Criminal Code. This research is normative legal research conducted through library research by conducting studies and analyzing primary, secondary, and tertiary legal materials. And in writing this research, too, the researcher carried out observational activities of the practices carried out in the field.

Peculiarities of Proving Damage Caused in Some Civil Case Categories

The article deals with the General issues of the proof process, which includes: the concept of proof, the duty of proof, the relevance and admissibility of evidence, their specific assessment, the provision of evidence, court orders, as well as the means of proof. These issues are analyzed in the context of proving the harm caused in various categories of civil cases.