Penggunaan Bukti Tidak Langsung Dan Penerapan Leniency Program Di Kasus Kartel Indonesia

Cartels as a Form of Unfair Business Competition KPPU often has difficulty proving it through direct evidence in accordance with Law No. 5/1999, so the alternative used by KPPU to obtain evidence is indirect evidence, and in practice this indirect evidence It is also not easy because it has not been regulated in Law No. 5/1999 so that the Supreme Court has not given any information regarding indirect evidence. The research method used by the author is normative research using library research to obtain data, and there is a need for clarity regarding procedural law from the KPPU. And the Authority of the KPPU in order to facilitate the handling of the KPPU on the Cartel Problem in Indonesia and amid the uncertainty of indirect evidence, the leniency of the program can also be used as an alternative in proving the occurrence of cartel actions carried out by business actors, and the application of evidence is not This directly was also adopted by other countries as well as the leniency program, and Indonesia also needs to follow this step to reduce cartels in Indonesia.

Autorytarne formy władzy a realizacja prawa do cywilnoprawnej ochrony prawnoprocesowej przez obywateli w okresie PRL

The study describes the functions of civil procedure as a legal instrument from the times of the socialist authoritarian state of the People’s Republic of Poland. The positions expressed in the doctrine regarding the purpose and principles of conducting civil proceedings, regulated in the Act of 16 November 1964, Code of Civil Procedure, which was adopted during the authoritarian power of the dominant political party of the Polish United Workers’ Party, were presented. Provisions of procedural law, dating back to the authoritarian rule of democratic socialism in the People’s Republic of Poland, were intended to provide protection for the socialized economy and to enable the state to control civil-law relations. Civil proceedings were intended to guarantee the possibility of protecting not only the rights of the individual, but also, or rather first and foremost, of the units of the socialized economy, as well as of the disputes that might arise in connection with relations between the state and its citizens, and between citizens. This principle required the authorities conducting civil proceedings to ensure adequate legal and procedural protection in the event that a party or participant in the proceedings was a unit of the socialized economy. Civil proceedings in which the court, within its powers, could interfere with the legal sphere of an individual in connection with the conferral of discretionary power, was another legal tool and instrument allowing the state to influence private-law relations. In addition, the authoritarianism of the state power at that time was also manifested in this.

Coordination in the Corruption Eradication Commission (KPK)'s Prosecution Tasks Based on Independence Perspective

Coordination of KPK prosecution duties as stated in Article 12A of Law no. 19 of 2019 amending Law No. 30 of 2002 concerning the Commission for the Eradication of Criminal Acts of Corruption, or Komisi Pemberantasan Korupsi (KPK) raises concerns because it creates dependence on other institutions and certainly reduces the independence of the KPK institution. As for some of the problems that need to be known from the existence of this coordination concept, among others: (1) the coordination can be directed towards the form of KPK's subordination to the prosecutor's institution; (2) coordination makes the confidentiality of data held by the KPK not maintained; (3) this coordination is very prone to conflict of interest with the prosecutor's office; (4) this coordination also raises concerns that rotten politics in the resolution of corruption cases may occur. The author uses independence principle analysis. The type of research used in compiling this paper is normative or doctrinal legal research. The research shows that coordination can be done using clear boundaries. First, coordination is still allowed to the extent that it is possible to combine cases that the KPK may not handle. Second, coordination can also be carried out in the event of merging a corruption case that is not the authority of the KPK. Third, the coordination also can be done in the case of the concurrent events. Fourth, the coordination is only related to procedural law.

SCIENTIFIC VIEWS OF M.K. TREUSHNIKOV THROUGH THE PRISM OF PUBLICATION ACTIVITY

This article is an attempt to briefly analyze the scientific activity of Mikhail Konstantinovich Treushnikov, which is carried out through the prism of his publication activity in all its manifestations. In addition, this study presents an attempt to collect a complete bibliography of M.K. Treushnikov. The significance of this study is determined both by its uniqueness, which is due to the use of information from various sources, and the presence of individual theses and conclusions formulated by the authors. Thus, this work focuses on the fact that M.K. Treushnikov, in addition to considering the problems of civil and arbitral procedural law, paid attention to the development of problems of higher education, including in terms of methodology, and that, perhaps, allowed him to create a real school of civil procedure law in the walls of the Lomonosov Moscow State University. In addition, the thesis is put forward and substantiated that M.K. Treushnikov was actively engaged in questions of the law of evidence, as well as judicial law, which were widely reflected in his numerous works published in various journals and collections, as well as embodied in monographs.

APPEAL PROCEEDINGS: HISTORY, THEORY, PRACTICE

History, theory, and court practice are the basis of judicial reform. If the Civil Procedure Code of the Russian Federation was created considering this with, but subsequent changes of the procedural law show the opposite. Changes of procedure in the appellate court are not an exception, and that is why for the last 10 years theoretical and practical problems of appeal proceedings have existed. The article aims to draw attention to the reasons of occurrence of these problems; mistakes made in the course of its solution; ways of error correction with due regard for experience of Russian civil procedure, achievements of the civil procedure doctrine, needs of Russian judicial practice; necessity of complex approach in reforming proceedings in the court of appeal instance.

ON THE ROLE OF PROFESSOR M.K. TREUSHNIKOV IN THE DEVELOPMENT OF THE SCHOOL OF CIVIL PROCEDURE LAW OF THE REPUBLIC OF BELARUS

In this study the author confirms the thesis that the founder of the school of civil procedural law of Belarus is Professor S.V. Kurylev. It is emphasized that some of the main continuers of his ideas were V.G. Tikhini and N.G. Iurkevich, who conducted extensive work on training of scholars of procedural law. The main part of this work is devoted to the role of Professor M.K. Treushnikov in developing the school of civil procedural law of the Republic of Belarus, which was to a great extent realized through interaction with M.K. Treushnikov and V.G. Tikhini, which started with their monographic works that became the basis for their PhD theses. Another important milestone in the development of procedural science and legislation is that M.K. Treushnikov influenced as an organizer of lawmaking and educational process. Examples include his participation in the preparation of the draft of the Civil Procedure Code of the Russian Federation as co-chair of the working group and organization of its discussion with the invitation of scholars from post-Soviet states.

The Role of Witness as Evidence in Divorce Cases at the Banda Aceh Syar’iyah Court

This study examines the role of witnesses as evidence in a divorce case at the Banda Aceh Syari’iyah Court. This study aims to determine the legal basis of witnesses as evidence, the background of the witnesses who were submitted due to disputes or syiqaqand the position of female witnesses in divorce cases. This study uses empirical legal research or sociological law, which is a study whose object is legal phenomena using sociological theories. The legal phenomenon in question is the application of law at the Banda Aceh Syar’iyah Court, particularly regarding witness evidence in divorce cases. Data collection techniques were carried out by means of in-depth interviews with judges and literature studies related to the existence of witnesses and judges’ decisions as primary data related to witnesses as evidence. This study concludes that witnesses as evidence are based on the Qur’an and hadithand the applicable laws and regulations. Witnesses have existence as evidence used by judges as a consideration in deciding cases. In the case of a divorce caused by a dispute, the witness evidence comes from the close family background of the husband or wife. Close family who really know, see and hear the events that occur in their household. In civil procedural law for divorce cases at the Syar'iyah Court, women have the same and equal position as men in giving testimony. The testimony of close families and the sociological equality of women and men is a legal fact that must be appreciated to achieve justice for all parties.

Principles of administrative procedural law of Ukraine in the modern conditions of the present time

The objective of the research was to analyze the regulations of administrative law and the doctrine of administrative procedural law, in terms of determining the nature and transcendence of the basic principles that underpin its structure, social orientation, and basic properties of the legal regulation of this branch of law, and that, in addition, create the appropriate organizational and functional conditions for administrative procedure activities. Materials and methods of documentary research were implemented. Everything allows us to conclude that the principles of administrative procedural law can be divided into those that directly reflect the specificity and content of this branch of law, determine its characteristics, purpose, objectives, and intention, and, on the other hand, administrative procedural principles, that is, basic principles enshrined in the administrative procedure. It does not undergo significant changes, which determines the nature and content of the activities of all subjects of administrative procedural relations in general.