NATURE OF LEGAL RELIEF THROUGH THE LENS OF INTERNATIONAL CIVIL PROCEDURE

The paper argues that legal relief should be treated as a complex notion that has both substantive and procedural dimensions. This argument is illustrated by reference to international disputes as a situation where legal classification has immediate practical consequences. Building on this argument, the paper concludes that courts and tribunals have to apply both substantive and procedural laws when resolving issues pertaining to legal relief. The purpose of each particular legal rule should be decisive to determine its legal nature, while other approaches to legal classification, such as textual interpretation of legal rules, are open to criticism. The paper also reviews a number of practical cases which could be resolved based on the suggested approach to legal classification. In particular, it is argued that the mixed classification of legal relief is helpful to address potential conflicts between remedies available under foreign substantive law and the procedural apparatus of the forum court (lex fori). This approach is also potentially efficient in the context of transnational enforcement of arbitral awards and state court judgments, and in particular it can be used to justify the power of the enforcing court to adapt the relief ordered by the foreign award or judgment to the procedural tradition of lex fori.

Hukuman Mati terhadap Narapidana Terorisme dalam Perlindungan Hak Asasi Manusia

Indonesia the death penalty has always been a matter of arguments because isn't based 011 the 1945 Constitution, the death penalty is in highest legal caste as the toughest punishment in the world. In this research, there are two problem formulations, namely how to regulate the death penalty against terrorism in relation to the protection of human rights and how to take legal measures against terrorism convicts to obtain legal relief. This research used the type of normative research, the techniques in the data collection are based on literature study. The results of this research indicate a conflict between the regulation of the death penalty and human rights. The regulation of the death penalty against terrorism in the relation to the protection of human rights has resulted in the emergence of various opinions and debates where the death penalty is considered to violate human rights and some consider this punishment to be applied. The effort by terrorism to obtain Juggleries a legal policy that has a basic idea i11 protecting human rights. Legal efforts to file an appeal, cassation, review to filing clemency request forgiveness from the President of the prisoners to reduce the law.

Manâfidu al-Muharramât ilâ Muntijâti al-Halâl: “Dirâsah Tahlîliyah fî Dhaw’i Ma’âyir Majma’ al-Fiqh al-Islâmî al-Dawlî wa al-Ma’âyir al-Mâlayziah”

This paper examines the changing process of unlawful (haram) materials into a lawful (halal) product according to both International Islamic Fiqh Academy standard and Malaysian standard. To harmonize those two halal standards on certain products, the subdiscipline of fiqh which determines lawful product standardization has put some fundamental sharia laws to clearly distinguish between halal and haram. The changing process is based on so called istihalah, referring to the merge among halal and haram and istihlak or possibility to take rukhshah (legal relief) and easiness to cope with any difficult condition using darurat (emergency causes) and umum al-balwa (common disaster). However, critical points of the standardization method need to well described, mainly on its composition based on shariah rules of halal product. The discussion covers difference opinions on the sharia law to the weak political policy on the Islamic law arrangement for halal product standardization that it is recommended to consider clear and more careful concepts (instead of istihalah, istihlak, darurat and umum al-balwa) in formulating the law.

COVID-19 DALAM KAJIAN QAWAID FIQHIYAH

This study tries to assess the level of danger of covid-19 in the study of qawaid fiqhiyah. So that the level of vigilance is found based on the study of fiqh. There are several fiqhiyah principles that serve as basic guidelines in fostering human behavior in dealing with COVID-19, there are also some changes in the basic provisions (hukum ashal) to new provisions, which changes according to the level of the virus. The fiqhiyah rules that are relevant to this study are; 1) التيسير تجلب المشقة (difficulty can bring fast), which this rule describes the difficulties obtained from the process of spreading COVID-19 can abort obligations and change the basic provisions. 2) الضرورة تبيح المحظورات (the condition of the dharurat allows something that is forbidden), from the other side this rule also describes the same thing as the rule above, where dharurah is an excuse to fail an obligation and may do things that were originally prohibited. 3) ما أبيح للضرورة يقدر بقدرها (Something What is Allowed because dharurah is Measured According to the Level of ‘Endanger’), this rule describes the level of permissibility or legal relief that arises due to the spread of COVID-19 not absolutely, but it is adjusted to the level of the spread zone. 4), الضرر يزال (‘Endanger’ must be eliminated), in the spread of COVID-19, this rule becomes the basic guide for the new obligations, namely eliminating harm caused by the spread of COVID-19 by following health protocols. 5) قد نزلت منز لة الضرورة عامة كانت أو خاصة الحاجة (hajah;pretention Occasionally Occupies Emergency Positions either General or Special), this rule describes the desire with special criteria parallel to dharurah independently, such as hajah means, isolation of dharurah as a washilah to keep other people from being exposed.

Overview of Indonesian Law in the Purchase Transaction of Home Ownership Credit (KPR)

Home is a basic need that is very important for everyone. However, some people still do not own their own homes. The contributing factor is the high cash price of the house. Therefore, the government through the minister of public housing created a Home Ownership Credit (KPR) program. This KPR program is aimed at low-income people, which is called subsidized KPR. the number of banks implementing the KPR purchase program. This thesis research concerns the KPR transaction system carried out by BTN Syariah North Sumatra and a review of Islamic law on the KPR transaction system at BTN Syariah North Sumatra. This type of research uses normative legal research with a conceptual approach to understanding the KPR BTN Syariah transaction system that uses Islamic principles. The results and discussion of this research are the KPR transaction system carried out by BTN Syariah using the murabahah and istishna sale and purchase contracts. A legal review in Indonesia of this sale and purchase agreement is with 3 approaches consisting of the review of the terms of sale and purchase, the legal terms of sale and purchase, and the terms of buying and selling credit. For the Istishna contract, BTN Syariah cannot use this contract because BTN Syariah is not a producer but a trader. In conclusion, the KPR transaction scheme carried out by BTN Syariah is not essentially a sale and purchase of murabahah or istishna, but of accounts payable / qardh. Keywords: Indonesian law, mortgage, legal relief.

Legal Relief for Performance Obstacles of House Leasing Contract Caused by COVID-19

COVID-19 and its control measures have caused obstacles to the performance of many house-leasing contracts. To give reasonable relief to contracts’ parties involved, the legal nature of COVID-19 and its control measures must be precisely defined. This paper argues that the early COVID-19 and its control measures are the force majeure, and the legal nature of COVID-19 and its control measures under the normal epidemic preventing and controlling mechanism should be analyzed in light of the specific situation. We should accurately grasp the meaning of impossibility of performance, frustration of purpose and impracticability, appropriately take the legal relief, balance the interests of both parties, and promote social and economic recovery finally.

Birth Rights and Wrongs

Today, tens of millions of Americans rely on reproductive advances to help them carry out decisions more personal and far-reaching than almost any other they will ever make: They use birth control or abortion to delay or avoid having children; surrogacy or tissue donation to start or grow a family; and genetic diagnosis or embryo selection to have offspring who survive and flourish. This is no less than the medicine of miracles: It fills empty cradles; frees families from debilitating disease; and empowers them to plan a life that doesn’t include parenthood. But accidents happen: Embryologists miss ailments; egg vendors switch donors; obstetricians tell pregnant women their healthy fetuses will be stillborn. The aftermaths can last a lifetime, yet political and economic forces conspire against regulation to prevent negligence from happening in the first place. After the fact, social stigma and lawyers’ fees stave off lawsuits, and legal relief is a long shot: Judges and juries are reluctant to designate reproductive losses as worthy of redress when mix-ups foist parenthood on patients who didn’t want it, or childlessness on those who did. Some courts insist that babies are blessings, planned or not; others shrug over the fact that infertile couples weren’t assured offspring anyway. The result is a society that lets badly behaving specialists off the hook and leaves broken victims to pick up the pieces. Failed abortions, switched donors, and lost embryos may be First World problems—but these aren’t innocent lapses or harmless errors: They’re wrongs in need of rights.

Reflections

Born in El Salvador, Williams Guevara Martínez left home at seventeen to escape domestic abuse and seek refuge with family members living in the United States. After a hazardous journey and crossing into the United States in a context of heightened migration, he was immediately apprehended, detained in federal custody, and ultimately released to his brother’s care in Maryland. He found excellent legal representation and was granted legal relief in the form of Special Immigrant Juvenile Status. Now with formal status, steady work, and college credits he looks back to chronicle the challenges of youth who enter the country alone and without authorization. Guevara Martínez recounts his life in El Salvador, his harrowing journey, experience in federal custody and after release, including personal attachments, educational opportunities and his commitment “to give back” by helping others like himself. He shares the lessons he learned commenting critically on violence, the migration process, human rights, and his hopes for the future..

Perlindungan Bagi Hak Konsumen dan Tanggung Jawab Pelaku Usaha Dalam Perjanjian Transaksi Elektronik

Transaksi elektronik adalah suatu transaksi perdagangan atau perniagaan baik berupa penyebaran, pembelian, penjualan, pemasaran barang dan jasa dengan menggunakan media elektronik yang terhubung melalui internet. Dengan adanya transaksi elektronik sangat menguntungkan bagi pihak konsumen dalam memilih berbagai jenis barang namun pelanggaran hak-hak konsumen sangat memungkinkan terjadi mengingat transaksi elektronik mempunyai karakteristik yang berbeda dengan transaksi konvensional. Untuk itu diperlukannya perlingan hukum terhapa konsumen dalam jual beli barang yang mengandung unsure penyalahgunaan keadaan yang dihubungkan dengan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen (UUPK). Penyalahgunaan keadaan yang sering dilakukan oleh pihak pelaku usaha adalah melanggar Pasal 4 UUPK tentang hak-hak konsumen. Penyalahgunaan keadaan juga dapat dilakukan oleh pihak pelaku usaha dengan mencantumkan klausula baku tidak sesuai dengan Pasal 18 UUPK tentang larangan pencantuman klausula baku. Akibat dari penyalahgunaan keadaan dari pihak pelaku usaha mengakibatkan pihak konsumen mengalami kerugian dan mengakibatkan terjadinya wanprestasi. Selain UUPK dalam transaksi elektronik mengenai perlindungan terhadap konsumen juga diatur dalam Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik (UUITE). UUITE menjelaskan tentang tanggung jawab pelaku usaha terhadap konsumen yang terdapat dalam Pasal 9 UUITE yang menyatakan bahwa,” Pelaku usaha yang menawarkan produk melalui sistem elektronik harus menyediakan informasi yang lengkap dan benar berkaitan dengan syarat kontrak, produsen, dan produk yang ditawarkan”. Pasal ini menjelaskan tanggung jawab pelaku usaha dalam memberikan informasi yang sebenarnya mengenai toko online miliknya dan informasi terkait pencantuman klausula baku untuk menghindari terjadinya wanprestasi antara pihak konsumen dan pelaku usaha. Dalam kondisi seperti ini sepatutnya negara hadir terutama dalam wujud hukum yang mengatur dan memberi perlindungan kepada konsumen, seperti yang dijelaskan dalam Pasal 1 angka 1 UUPK menyebutkan bahwa Perlindungan Konsumen adalah segala upaya yang menjamin adanya kepastian hukum untuk memberi perlindungan kepada konsumen.Electronic transaction is a trading or commercial transaction in the form of distributing, purchasing, selling, marketing of goods and services by using electronic media connected via internet. With the electronic transaction is very beneficial for the consumer in choosing various types of goods but violations of consumer rights is possible because electronic transactions have characteristics different from conventional transactions. Therefore, the need for legal relief on consumers in buying and selling of goods containing elements of misuse of the circumstances associated with the Act Number 8, 1999 concerning Customer Protection (UUPK). Abuse of the state that is often done by the business actor is violating Article 4 UUPK concerning consumer rights. Abuse of the situation can also be done by the business actor by stating the standard clause does not comply with Article 18 UUPK about the ban on the inclusion of the standard clause. As a result of misuse of the circumstances of the business actors resulted in the consumer losses and resulted in a default. In addition to UUPK in electronic transactions concerning consumer protection is also regulated in the Information and Electronic Transaction Act (UUITE). UUITE explains the business actors' responsibility to consumers contained in Article 9 UUITE states that, "Business actors offering products through electronic systems must provide complete and correct information relating to the terms of contracts, producers and offered products". This Article describes the responsibility of business actors in providing actual information about their online store and information related to the inclusion of standard clauses to avoid the occurrence of wanprestasi between the consumer and business actor. Under these circumstances, the state should be present primarily in the form of laws that regulate and provide protection to consumers, as described in Article 1 point 1 UUPK mention that Consumer Protection is any effort that ensures legal certainty to provide protection to consumers.