Certainty Of Rights Research Articles

Extraordinary Power of the Supreme Court: Curative Petition

Curative Petition is viewed as the ‘last remedy in the court of last resort’ and the concept has been evolved following the Doctrine of Ex Debitio Justiciae,ie., the requirement of justice must be fulfilled and Actus Curiae Neminem Gravabit meaning the act of court cannot prejudice anyone. But there is a conflicting principle that restricts the application of curative petition like Interest Reipublicae Ut Sit Finis Litium that fosters the attainment of finality of judgment in order to settle the lis between the parties and manifest certainty of rights and liabilities.

Legal Certainty of Rights and Freedoms in Algeria: Beyond the Constitutionalization

Abstract The principle of legal certainty serves as a crucial safeguard, preventing rights and freedoms from being lost in a vast, complex, and often unstable legal framework. This study delves into the gap in Algerian law between the constitutional text ensuring the legal certainty of rights and freedoms and the lack of detailed measures to implement this provision. By examining how each certainty requirement of rights legislation is applied within the national legal landscape, the study uncovers significant deficiencies in ensuring citizens’ easy access to legislation encompassing their rights and freedoms. Addressing these challenges necessitates the implementation of various legal and technical measures. Furthermore, ensuring the clarity of these laws demands a systematic review process to rectify any drafting flaws. Legislative stability, closely linked to legality in the Algerian constitution, benefits from relatively reliable guarantees in the field of fundamental rights.

Legal Security Of Land Ownership By The System Law In Indonesia And Judicia Practice

Cases of land title certificates issued by the National Land Agency are still officially available in several regions in Indonesia. A certificate of ownership is a guarantee to provide legal certainty and protection to the holder of a right to a plot of land so that the party who proves is the true owner of the parcel of land. In this study, having proof of land ownership in the form of a Certificate of Ownership over land does not guarantee legal certainty for landowners. This study aims to determine the legal certainty of ownership of certificates of land rights based on several applicable laws and regulations, and based on the decision of the Medan District Court Number 784/Pdt.G/2019/PNMdn; Pekanbaru District Court decision Number 178/Pdt.G/2021/PNPbr; and Jambi District Court decision Number 40/Pdt.G/2021/PNJmb. The results of this study are that legal certainty of ownership of land rights according to the legal system in Indonesia does not provide absolute certainty of rights because even if someone already has a letter as proof of land ownership, other parties can still sue the owner of the land.

Implementation Of Social Security As A Form Of Assurance Of Workers' Rights In Obtaining Employment Social Security Protection In Indonesia

The authority to administer social security for ASN (Civil Servant) in Indonesia is an important issue that must be resolved as a form of active attitude in providing certainty of rights to social security. The emergence of regulations issued by the state through its current government has resulted in a difference in the acquisition of rights to social security for ASN and which institutions have the authority to administer it. The regulations are the ASN Law and PP 70/2015. The research aims to analyse the certainty of the authority to administer and acquire social security rights for ASN based on the laws and regulations governing the implementation of social security. This study uses a juridical-normative approach and is descriptive. Based on the research conducted, the results obtained are that the authority for administering social security for ASN in Indonesia is regulated in the SJSN Law and the BPJS Law, where two BPJS are authorised to manage social security based on SJSN, namely BPJS Health and BPJS Employment. This authority can also be seen from the legal principle of Lex Specialis Derogat Lex Generalis, where the authority to administer social security for ASN must refer to the SJSN Law and BPJS Law, not the ASN Law. The Constitutional Court Number 7/PUU-III/2005 also confirms that the implementation of ASN social security, which state-owned companies previously carried out, is contrary to the 1945 Constitution and has no binding legal force. The existence of different interpretations and practices of ASN social security protection that are not following the current SJSN creates uncertainty and the potential loss of rights to social security protection for ASN, especially JKP, which was born after the enactment of the Job Creation Law and PP 37/2021.

Sistem Pendaftaran Tanah di Indonesia Menurut Peraturan Pemerintah No. 24 Tahun 1997 Tentang Pendaftaran Tanah

AbstractLand registration contained in Article 1 point 1 of Government Regulation Number 24 of 1997 is a series of activities carried out by the Government continuously, continuously and regularly, including collection, processing, bookkeeping, and presentation and maintenance of physical data and juridical data, in the form of maps. and a list of land parcels and apartment units. This study aims to determine how the system of implementing land registration in Indonesia according to PP No. 24 of 1997 concerning land registration. The research method used is normative juridical research with primary and secondary data sources. In data collection techniques, namely data collection can be done in various settings, various sources and various ways, namely by collecting data from primary data sources and secondary data sources for analysis. and conclusions. The results of the research are that land registration aims to guarantee legal certainty and certainty of rights to the land. The LoGA emphasizes that land registration must be carried out in order to guarantee legal certainty in the land sector and the publication system is a negative system, but contains positive elements.

RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

The Constitutional Regulation of Citizens’ Rights and Freedoms in the Soviet State: Main Periods of Development

The constitutional regulation has passed through a dramatic Soviet epoch where the chronological frameworks and the formation of the institute of rights and freedoms of citizens took place. The chronology of events of the given period can be divided into two stages: the first stage: from the 2nd Russian Congress of the Councils of Workmen’s and Soldier’s Deputies until January 1918, until the issue of the Constituent Assembly was solved. In this connection, almost all statutory acts were adopted by the Soviet authorities. The second stage: from the 3rd Russian Congress of the Councils of Workmen, Soldier’s and Peasant’ Deputies until the Constitution of RSFSR was adopted in 1918. At that moment, the Soviet state rejected the reservation about the temporality of power and confirmed its previous acts, started working out the first Constitution. Weakness of the Constitution of the USSR is in the certainty of rights and freedoms of citizens. The provision and operation of the Constitution were perceived by many citizens as attributes of the state, somebody noncommittal. However, that, in its turn, created the corresponding attitude of the officials, who went on looking at the issue of realization of rights and freedoms of citizens ‘down upon’. These phenomena should just be overcome in the modern Russian society.

The Realization of the Principle of Certainty of Rights on Things in the Aspect of the Reformation of Civil Legislation

The article investigates the realization of the principle of certainty (specialty) of rights on things from the standpoint of the Concept of development of the legislation on the law of things, the Concept of development of civil legislation of the Russian Federation and the draft of Federal Law № 475386 «On Amendments to First, Second, Third and Fourth Parts of the Civil Code of the Russian Federation and certain legislative acts of the Russian Federation». According to the analysis of these concepts and federal law drafts the Author proposes changes and amendments to the bill to ensure full implementation of this principle in the Russian civil law.

Teisės akto, kuriuo pagrįstas teismo sprendimas, pripažinimas antikonstituciniu kaip pagrindas atnaujinti civilinį procesą

Reopening of civil proceedings is an exclusive procedural measure, which helps to ensure a right to court. Its aim is to remove possibly unlawful court decision, thus delivering justice and avoiding consequences of such decision. Therefore, reopening of civil proceedings seeks to protect not only interests of private parties, but also public interest. However, if we look to Code of Civil procedure of the Republic of Lithuania, we can see a lack of possibility in Lithuania to reopen proceedings, when Constitutional Court of the Republic of Lithuania declares that law applied in a specific case is in conflict with the Constitution of the Republic of Lithuania. Lithuanian case law does not allow reopening of proceedings in civil cases based on mentioned ground, because otherwise principles of stability of legal relations and certainty of rights and duties of subjects“™ legal relations would be breached. Contrary to civil cases, administrative cases may be reopened based on mentioned grounds. Moreover, administrative courts examine cases regarding damages, incurred due to unlawful actions of public administration bodies, and these cases may also be reopened based on mentioned ground, though they are civil cases. Therefore, administrative courts case law and general competence courts case law differs on the question regarding reopening of proceedings in civil cases, when Constitutional Court of the Republic of Lithuania declares that law applied in a specific case is in conflict with the Constitution of the Republic of Lithuania. Meanwhile, about half European states“™ laws, which were analyzed in this work, allows to reopen civil proceedings on mentioned grounds, and almost all states allow to reopen proceedings on mentioned ground in criminal cases. Such differentiation between civil and criminal cases is explained by the principle of lex benignor retro agit: if law, which was basis in criminal or administrative case, is declared void, such law has retroactive validity, if person“˜s, who was penalized in such case, situation may be improved. Meanwhile, improving situation of one party in civil case, may worsen other party“˜s situation. However, it must be noted, that in such situation other party“˜s situation does not always worsen. Importance of violations of human rights in civil cases is underlined by European Court of Human Rights. Even though ECHR“˜s view is that reopening of proceedings is limited by principle of legal certainty, in certain cases it may be the most effective way of restoring justice, which was denied by breaching human rights. Therefore, reopening of proceedings, when Constitutional Court declares act applied in a specific case is in conflict with Constitution, is justifiable in cases of violation of human rights. Meanwhile Constitutional Court of the Republic of Lithuania deems that reopening of proceedings on examined ground is defensive measure meant to protect constitutional human rights. Lack of possibility to reopen proceedings on examined grounds would not allow to remove unconstitutional consequences induced by unconstitutional act from Lithuanian legal system, which in turn would create preconditions to violate numerous principles and values, established in Constitution of the Republic of Lithuania, and therefore a risk to ruin foundations of the State of Lithuania, as the common good of the entire society which is consolidated in the Constitution. Moreover, reopening of proceedings would allow to accomplish person“™s right to court. By not allowing to reopen proceedings on examined grounds persons, who go to court demanding to protect their breached rights before Constitutional Court of the Republic of Lithuania deems law as unconstitutional and persons, who go to court after deeming law as unconstitutional, are treated unequally. Because current Lithuanian case law and laws related to examined problem are in conflict with the Constitution of the Republic of Lithuania, this problem should be fixed. Therefore, in this work I provide several different ways how to tackle this problem. The most logical one is to apply petition to Constitutional Court of the Republic of Lithuania to examine constitutionality of article 366 of Civil procedure code of the Republic of Lithuania, arguing for the lack of ground to reopen proceedings in civil cases when when Constitutional Court of the Republic of Lithuania declares that law applied in a specific case is in conflict with the Constitution of the Republic of Lithuania. Other effective way to tackle this problem is preliminary constitutional control. Although, it would not be possible to examine all laws, before they come into force, but it would prevent a significant part of unconstitutional laws from entering Lithuanian legal system and would ensure persons“™ right to court.