A “Hired Girl” Testifies Against the “Son of a Prominent Family”: Bastardy and Rape on the Nineteenth-Century Nebraska Plains

In Red Cloud, Nebraska, in 1887, Anna “Annie” Sadilek (later Pavelka) pressed bastardy charges against the “son of a prominent family,” even though she could have, according to her pre-trial testimony, pressed charges for rape. To the literary world, Sadilek is better known as Ántonia Shimerda, the powerful protagonist in Willa Cather’s 1918 novel, My Ántonia. However, it is Sadilek’s real-life experience that allows us to better understand life on the Nebraska Plains, specifically through an examination of the state’s rape laws and the ways these laws were subsequently interpreted by the courts. The Nebraska Supreme Court, between 1877 and 1886, established the need for the state to prove force as a primary component of the definition for rape, drew boundaries around acceptable reporting times, and solidified their stance on the requirement of corroborating testimony. These factors led Sadilek to charge Charley Kaley not with rape but with bastardy, a civil suit, which almost guaranteed a successful outcome for Sadilek and her child because it would not burden the county or state with their financial welfare. In analyzing Sadilek’s choices before the law, this article demonstrates the complexities of the gendered legal systems facing women like Sadilek who sought justice for crimes of a sexual nature. Additionally significant, this article draws attention to a space and place that lacks significant study in regard to the sexual power dynamics of the nineteenth-century Great Plains West, a multicultural contact zone highly susceptible to the influences of hypermasculine control.

Tanggung Gugat Akun Media Sosial Tanpa Identitas Asli Atas Perbuatan Melanggar Hukum

Liability (aansprakelejikeheidcausing) is a condition in which a party or a legal subject, if after committing an act of breaking the law, and losses to other parties must bear it. Unlawful acts can also be found on a social media platform, along with the types of accountability. There is a tendency for illegal acts committed by owners of social media accounts without identity because one of the social media platforms is not accompanied by verification of personal identity at the time of account creation. This unlawful act through social media accounts without real identity is an insult and defamation which is a special form of an illegal act. On the other hand, for the losses suffered by the victim, a civil suit against the law can be filed. However, due to difficulties in the civil lawsuit process, namely by not knowing the identity of the account owner. Then this can only be done if there is a final legally binding decision regarding criminal law.Keywords: Unlawful; Liability of Liability; Social Media Accounts.AbstrakTanggung gugat (Liability/aansprakelejikeheid) merupakan suatu kondisi dimana pihak atau subjek hukum apabila setelah melakukan perbuatan melanggar hukum, dan membawa kerugian bagi pihak lain, ia harus menanggungnya. Perbuatan melanggar hukum dapat pula ditemui dalam suatu platform media sosial, disertai dengan jenis tanggung gugatnya. Kecenderungan terdapatnya perbuatan melanggar hukum yang dilakukan oleh pemilik akun media sosial tanpa identitas disebabkan oleh salah satu platform media sosial tidak disertai verifikasi identitas pribadi pada saat pembuatan akun. Perbuatan melanggar hukum melalui akun media sosial tanpa identitas asli ini adalah penghinaan dan pencemaran nama baik yang merupakan bentuk khusus dari perbuatan melanggar hukum. Di sisi lain, atas kerugian yang dialami oleh korban, dapat diajukannya upaya gugatan keperdataan dengan gugatan perbuatan melanggar hukum. Namun, dikarenakan terdapatnya kesulitan dalam proses gugatan keperdataan, yaitu dengan tidak diketahuinya identitas pemilik akun. Maka hal tersebut baru dapat dilakukan apabila terdapat putusan yang berkekuatan hukum tetap mengenai hukum pidana. Kata Kunci: Perbuatan Melanggar Hukum; Tanggung Gugat; Akun Media Sosial.

PERLINDUNGAN HUKUM TERHADAP KREDITUR ATAS PERJANJIAN KAWIN YANG DIBUAT SETELAH PERKAWINAN

This is derived from the Constitutional Court Decision Number 69/PUU-XII/2015, to change is a practice making of a marriage agreement, where before the marriage agreement be made before or when the marriage, as is the Constitutional Court Decision Number 69/PUU-XII/2015 the marriage agreement can be made the marriage agreement at the time of marriage. The changer these norms give a legal impact against to legal events wicht has accurred previously related to third parties of creditors. The problem of legal protection for creditors due to the making of marriage agreement during marriage can be answered for the conducting legal research using the normative juridical legal research method, which refers to formal legal sources. so that the research method can protect creditors from the marriage agreement made during the marriage is with preventive and repressive legal protection, preventive is taking precautions that can be done with the precautionary principle of a creditor before giving credit to the debtor and resolving the problem through legal channels by canceling the marriage agreement or making a civil suit to the district court, as long as the creditor can prove that the marriage agreement was made after an incident occurred. the law with the creditor or the marriage agreement causes a loss to the creditor.

Evidentiary value of archaeological evidence: Judicial approach of the Supreme Court of India with special reference to M. Siddiq (Dead) through legal representative vs. Mahant Suresh Das (1 SCC 1)

Ram Janmbhoomi (birth place of Lord Rama) is the most controversial dispute of the independent India. The dispute was existing in pre-independence era but after independence dispute has changed the direction and condition of Indian political system. There was claim that mosque was built after the demolition of Ram temple. This dispute was so intense that it brought the incident of demolition of mosque in 1992. After demolition suit was filed from both the side: Muslim and Hindu. The decision of apex court on civil suit came after 27 years. The apex court took the cognizance of Archaeological Survey of India (ASI) report to decide the claim of parties. This paper aims to give a brief background of Ramjanmbhoomi dispute; explore evidentiary value of expert opinion; whether archaeology is science or art; to evaluate the evidentiary value of archaeological report prepared by ASI through evacuation in the judgement.

Tinjauan Yuridis Error in Persona dalam Penggadaian Sertifikat Hak Milik Yang Dijaminkan Kepada Koperasi Simpan Pinjam Bina Bersama (Studi Putusan Nomor 8/Pdt.G/2019/PN.Kbu)

Error in Persona is an error in attracting a party who is considered to have the capacity or legal position to proceed according to the lawsuit filed. The mistake in drawing the party either as a plaintiff or as a defendant will result in the lawsuit containing formal defects. Error in Persona was filed by the defendant on the plaintiff's lawsuit because the lawsuit was directed at the wrong person / party. In a civil suit in the form of contetiosa, contentiosa is a civil suit containing a lawsuit for a dispute between the litigating parties, whose settlement examination is given and submitted to the court where the party filing the lawsuit is called the plaintiff and the party drawn in the lawsuit is called the defendant, the lawsuit is based on the arguments / legal reasons filed. Thus the party filing a lawsuit must be clear and careful in attracting the parties and it must be seen whether the person who is suing and being sued has the capacity and the right legal position.

Submission of a Civil Suit by a Prosecutor in the Interests of a State as a Way of Compensation for Damage, Caused by a Criminal Offence

The outcome of every trial is always accompany by some interest where the civil attains compensation and the criminal imprisonment and fines. In achieving the said interest in a trial process, it is the role of the prosecutor in establishing that the accused is guilty of the crime committed. This article articulates, that it is the role of prosecutor to carry out justice in the name of the State whether during criminal or civil trial. The principle is clear here as we all know that during criminal proceedings the prosecutor is the principal party, but such trial cannot succeed if in the course of the criminal act the victim also incurred damages caused by the accused. In this regard, it is also the role of the prosecuting counsel to make a submission for such civil act that has caused damages to the victim. There are lots of complexities surrounding the understanding and interpretation of the word "interest of the state" as many states fails in establishing this is their various legislation in which the state of Ukraine is not an exception. Notwithstanding the important of this concept in every trial whether civil or criminal, what becomes of its outcome when effective recognition is not attached to it in terms of legislative recognition? It is there in this safeguard that there was a necessity in examining the place occupied by the submission of civil suits for the interest of the state and its implications in matters related to damages was deemed necessary.

No Longer Turning a Blind Eye to International Atrocities: Reframing Foreign Officials’ Functional Immunity as a Breach of States' International Legal Obligations to Effectively Prohibit Derogations from Peremptory Norms

On January 29, 2020, an Israeli air strike proved fatal, taking the lives of an entire family, a twelve-year-old child the youngest among them. The airstrike was carried out as part of Israel's military operation, Operation Protective Edge, in the Gaza Strip, and despite the deaths of numerous civilians, the State of Israel alleged that the strike was committed in pursuance of official duties. Ismail Zeyada, whose mother, brothers, sister-in-law, and nephew all perished in the airstrike, initiated a civil suit in the Netherlands against the two former Israeli military officials involved. In a devastating blow to the victims and their families, the District Court of the Hague dismissed the civil proceeding brought against the former Israeli officers. The Court cited the doctrine of functional immunity as the basis for this decision. The functional immunity, or immunity ratione materiae, of these officials bars the prosecution of them in any state besides Israel, absent a waiver by the Israeli government. As such, the victims of the airstrike, an act that might amount to a war crime, is not one for which victims are being offered redress. Although domestic prosecution of the case before Israeli courts is theoretically possible and is not precluded by the District Court of the Hague's dismissal, domestic prosecution is neither likely to occur nor likely to result in fair redress for the victims of this atrocity. This is not the justice these victims deserve. And it is not the justice that international law assures them.

Pertanggungjawaban Pidana terhadap Notaris yang Membuat Keterangan Palsu dalam Akta Otentik

Abstrak Seorang notaris terkadang tanpa diketahuinya ada keterangan palsu yang disampaikan para pihak, yang kemudian menjadi dasar pembuatan akta autentik. Perlu dikaji dan dianalisis pertanggungjawaban pidana notaris atas akta yang dibuat berdasarkan keterangan palsu serta mengkaji dan menganalisis akibat hukum yang timbul terhadap akta notaris yang didasarkan pada keterangan palsu.Notaris dapat dimintai pertanggungjawaban pidana terhadap akta yang dibuat olehnya berdasarkan apa yang dilihat, disaksikan, dan dialaminya dalam suatu perbuatan hukum jika secara sengaja atau lalai, notaris membuat akta palsu sehingga merugikan pihak lain. Pertanggungjawaban secara pidana, seorang notaris harus memenuhi unsur-unsur: melakukan tindak pidana; memiliki kemampuan untuk bertanggung jawab; dengan kesengajaan atau kealpaan; dan tidak ada alasan pemaaf. Terhadap akta notaris yang dibuat berdasarkan keterangan palsu tidak dengan sendirinya mengakibatkan akta tersebut batal demi hukum. Para pihak yang dirugikan dengan keberadaan akta seperti itu harus mengajukan gugatan perdata ke pengadilan untuk membatalkan akta tersebut. Pertanggungjawaban pidana notaris perlu diatur dalam UUJN yang akan datang. Kata Kunci:Notaris, Pidana, Perbuatan Melawan Hukum Abstract A notary sometimes without knowing there is a false statement submitted by the parties, which then becomes the basis for making an authentic deed. It is necessary to study and analyze the criminal liability of notaries for deeds made based on false information as well as to study and analyze the legal consequences arising from notary deeds based on false information. The notary can be held liable for criminal responsibility for the deed made by him based on what he has seen, witnessed and experienced in a legal act if intentionally or negligently, the notary makes a fake deed so that it harms other parties. For criminal responsibility, a notary must fulfill the following elements: committing a criminal act; have the ability to be responsible; intentionally or negligently; and there are no excuses. A notarial deed based on false information does not automatically result in the deed being null and void. The parties who are aggrieved by the existence of such a deed must file a civil suit to the court to cancel the deed. The criminal liability of notaries needs to be regulated in the upcoming UUJN. Keywords : Notary, Criminal, Act against the law

Significancy and Subtancy of Civil Suit Compensation in Corruption Case where the Defendant was Acquitted by Judge

The spirit of Article 32 paragraph (2) of UU 31 / 1999 jo. UU 20 / 2001 means the country can use its right to a civil action for compensation for financial loss recovery state. The rationale for setting lawsuit replace losses in the article that indicates that in order to restore the country's financial losses due to corruption is not enough only in lean to the norms of criminal law. If the UU 31 / 1999 jo. UU 20/2001 categorized as Criminal Laws, then the regulation of a civil lawsuit in the Law, shows that a Prevailing Law may contain aspects of both criminal law and civil law. The study is the study of law by using the approach of Legislation, conceptual and historical approach. The results were obtained from studies of this are: 1) The specificity handling of corruption judging from the way the settlement; 2) The meaning and essence of civil suit for damages in the enforcement of the law on corruption. The civil lawsuit instrument is intended to maximize the return on state financial losses, because criminal efforts do not always succeed in recovering the entire state financial losses. The limitations of criminal law make criminal law instruments not the only one to solve the problem of returning state finances due to criminal acts of corruption.

Problematics Law of Civil Reputation Damages Against Corruption Criminal Acts That Has Been Decided to Free

Provisions of Article 32 Paragraph (2) of Law 31/1999 jo. Law 20/2001 provides an alternative to the filing of a civil suit to recover state financial losses for corruptors even though they have been terminated criminally free. The problem is how to implement the civil lawsuits in returning state finances in law practice. Because legal practice shows that there are legal problems in Article 32 paragraph (2) of Law 31/1999 jo. Law 20/2001 which implies the lack of use of civil litigation instruments in corruption cases.