Civil Courts Research Articles

PERAN HAKIM DALAM PENEGAKAN RESTORATIF JUSTICE MELALUI HUKUM PIDANA ADAT

Article 18B paragraph (2) of the Constitution of the Republic of Indonesia provides recognition of laws that live and develop in society. One of the law enforcement officers who are given the authority to explore the values that live in the community, namely the Judge as regulated in Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power. The values that live and develop in the community or better known as customary criminal law can be a way for judges to carry out restorative enforcement, so the role of judges is needed in assessing and considering the facts of case settlement outside the trial. This study aims to determine and analyze the role of judges in the enforcement of restorative justice through customary criminal law. This article is a normative legal research using a statutory and conceptual approach. The results of the study show that judges are facilitators and catalysts in the enforcement of restorative justice through customary criminal law in order to find a satisfactory solution to all parties as an effort to make peace between victims and defendants through customary criminal law that occurs outside the trial. Article 18B paragraph (2) of the Constitution Jo. Article 2 paragraph (2), Article 3 paragraph (2), Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power and Article 5 paragraph (3b) of Law no. 1 of 1951 concerning Temporary Measures for Organizing Unitary Powers and Procedures for Civil Courts can be used as the basis for the application of customary criminal law as one of the efforts to enforce restorative justice.Judges as facilitators and catalysts in the enforcement of restorative justice through customary criminal law in order to find a satisfactory solution to all parties as an effort to make peace carried out by victims and defendants through customary criminal law that occurs outside the trial. Article 18B paragraph (2) of the Constitution Jo. Article 2 paragraph (2), Article 3 paragraph (2), Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power and Article 5 paragraph (3b) of Law no. 1 of 1951 concerning Temporary Measures to Organize Unitary Powers and Procedures for Civil Courts can be used as the basis for the application of customary criminal law as one of the efforts to enforce restorative justice.

Procedural routes and allocation of cases in Hungarian Civil Courts

During the codification process of the Hungarian Code of Civil Procedure, there was an open debate on whether the course of civil procedure should be unified, or some kind of differentiation would be more appropriate and efficient. There are various issues that arise if the legislator decides to have a number of different procedural routes in litigation. For instance, what should be the grounds of distinction, and what aspects of the procedure need to be regulated within these procedural routes. In addition, the choice between the routes can be given solely to the legal rule, or to the judge in the particular case, or to be discussed jointly by the parties and the judge in an early stage of the procedure. This study examines the existing procedural routes in Act CXXX. of 2016. on the Hungarian Code of Civil Procedure, their characteristics and the main areas of future development. It aims to explain the underlying factors the judge may consider when choosing between these routes. It also points out the scope of discretion the rules allow for the judge in managing the case, and also the limits of judicial discretion. Besides, some applied and functioning solutions from certain European jurisdictions are taken into consideration.

Procedural routes and allocation of cases in Hungarian Civil Courts

During the codification process of the Hungarian Code of Civil Procedure, there was an open debate on whether the course of civil procedure should be unified, or some kind of differentiation would be more appropriate and efficient. There are various issues that arise if the legislator decides to have a number of different procedural routes in litigation. For instance, what should be the grounds of distinction, and what aspects of the procedure need to be regulated within these procedural routes. In addition, the choice between the routes can be given solely to the legal rule, or to the judge in the particular case, or to be discussed jointly by the parties and the judge in an early stage of the procedure. This study examines the existing procedural routes in Act CXXX. of 2016. on the Hungarian Code of Civil Procedure, their characteristics and the main areas of future development. It aims to explain the underlying factors the judge may consider when choosing between these routes. It also points out the scope of discretion the rules allow for the judge in managing the case, and also the limits of judicial discretion. Besides, some applied and functioning solutions from certain European jurisdictions are taken into consideration.

Medico-Legal Aspects of Hospital-Acquired Infections: 5-Years of Judgements of the Civil Court of Rome.

Introduction: Healthcare-associated infections (HAIs) represent a risk to patients’ health, as well as being an issue of worldwide relevance in terms of public health and increased healthcare costs. The occurrence of a complication causally related to the development of an infection contracted during a hospital stay, or in any event during a healthcare activity, may represent a source of liability for the healthcare facility itself and, therefore, lead to compensation for the injured patient. The aim of this research is to analyze the phenomenon of professional liability related to HAIs, to emphasize its economic and juridical aspects and, at the same time, highlight the clinical-managerial issues deserving attention, in order to guarantee the safety of care for patients. Methods: The retrospective review concerned all the judgments regarding HAIs drawn up by the Judges of the Civil Court of Rome, published between January 2016 and December 2020. Results: In the five-year period considered, 140 verdicts were issued in which the liability for which compensation was sought was related to the occurrence of healthcare-related infections. Convictions were recognized in 62.8%. The most involved branches were those related to the surgical areas: orthopedics, heart surgery, and general surgery. The three most frequently isolated organisms were Staphylococcus aureus, Pseudomonas aeruginosa, and Klebsiella pneumoniae. The total amount of compensation paid was EUR 21.243.184,43. Conclusions: The study showed how the analysis of the juridical and medico legal aspects of HAIs may represent not only a helpful tool for healthcare performance assessment, but also a data source usable in clinical risk management and in the implementation of patient safety.

Konsep Jenis Lembaga Jaminan Utang Pada koperasi

In the practice of binding debt guarantees in the Rukun Mekar Savings and Loans Cooperative, there is a conflict between das sollen and das sein, or there is an imbalance between reality/empirical and ideal conditions, namely, regarding the provision of loans with collateral without being encumbered by mortgage or fiduciary rights. The reason for this is that the process of imposing mortgage rights, or fiduciary, is not a simple process, takes a long time and costs a lot of money. Based on these problems, this study aims to find out about the concept of types of debt guarantee institutions in cooperatives, which are different from mortgages, fiduciaries, pledges, mortgages, and warehouse receipts. The research specification is descriptive analytical, with a normative juridical approach, using the main source of secondary data, and the research is carried out in one stage, namely, library research, which is supported by interviews using data collection techniques consisting of library research and interviews, then secondary data and interviews. The results of the interviews inventoried were analyzed qualitatively normatively. This study found the results: the concept of a type of debt guarantee institution in cooperatives, is a concept that offers debt guarantee institutions that apply specifically to cooperatives that are different from mortgage, fiduciary, mortgage, mortgage, and warehouse receipt institutions, the agreement is made in the form of a deed. under a binding hand, the object of the guarantee is all objects, whether movable or immovable, tangible or intangible, whether existing or will be owned by the borrower, which gives a preferred position to the cooperative, the process is simple, fast, low cost, and also has the executive power of slag, namely the object of debt guarantees can be executed by force by the cooperative, if the borrower defaults, without the need for a civil court process, so as to provide legal certainty, justice, and benefit to the parties, especially the cooperatives.

The Mass Deportation of Poles to Siberia, 1863–1880

The Mass Deportation of Poles to Siberia, 1863–1880

Civil Courts and Delocalized Justice: Reflections on the Shell Nigeria Cases in Light of Theories of Communication and Constitutionalization

AbstractIn conversation with several chapters of Stefan Grundmann’s, Hans Micklitz’s, and Moritz Renner’s book on New Private Law Theory, this paper reflects on contributions that theories of communication and constitutionalization can make to our understanding of the changing role of private law in a globalizing world. More abstract ideals are checked against an assessment of recent judgments of Dutch courts in cases regarding oil company Shell’s responsibility for environmental pollution in Nigeria. Such theoretical readings of case law, it is held, in the spirit of New Private Law Theory, show new directions that private law theories may choose in order to understand and strengthen the private-legal framework for societal questions of our times.

Procedural specifics of resolving consumer disputes in individual civil court proceedings in the Czech Republic

Summary The regulation of consumer protection in procedural law is largely up to the individual Member States of the European Union, which have procedural autonomy in these matters. In the area of individual judicial protection, there are two possible approaches to consumer protection. The first of these is not to introduce any regulation of procedural rules, as the general legal regulation of civil court proceedings seems to be fully sufficient to meet the above requirements. The other approach is to introduce special procedural rules for consumer protection. The Czech procedural regulation is based more on the first approach. The aim of this article is to evaluate whether the regulation set in this way provides the consumer with sufficient protection and meets the requirements of the right to judicial protection and a fair trial.

Ženidba u Državi Vatikanskog Grada i crkvene odluke o ženidbi u pravnom poretku RH

This paper analyses the issue of recognition of canon marriage (matrimonium) that has been concluded in the Vatican City State and also the effects of decisions of church courts on marriage in the Republic of Croatia. Firstly, the authors elaborate the issue of the status of the state and legal order of the Vatican City State, including its regulation of marriage. After the initial findings the question of recognition of marriage concluded in the Vatican City State in the Republic of Croatia is analysed. The conclusion in this aspect is that such a marriage is recognised in Croatia and its registration in the personal status record should be facilitated. In the following chapters the authors first analyse all the potentially relevant church courts’ decisions that concern canon marriage in the Vatican City State. Thereafter, they elaborate whether such decisions may be recognized in Croatia given the fact that church, and not state, courts decide on the issue. Given the specificities of the Vatican City State that are evidenced in the fact that those decisions have direct effect, the authors conclude that such decisions are to be generally differentiated from church courts’ decisions. Finally, the paper deals with the application of Art. 13/4 of the Agreement on legal issues between the Holy See and the Republic of Croatia that regulates how church decisions on marriage are given effect in Croatia. However, without further legislative steps, the courts cannot apply the rule. So far, such steps have not been taken and the concerned parties can only gain civil effects of cessation of marriage through civil courts.

Obligation of the European Commission to review national civil court judgements?

National (civil) courts play a significant role in enforcing EU competition law as functional Union courts. This scientific article objective is to investigate the extent to which the European Commission is obligated to follow the decisions of national civil courts. The analysis requires an examination of the appropriate legal framework. As a result, in the first part of the paper, the European Commission obligation to take into account the decisions of the national courts from primary law perspective will be examined. Based on this, the second part explore the link between the European Commission and national courts from the standpoint of relevant secondary law. From the scientific methods we have used the analytical and descriptive method to analyse the current situation. By comparative method we introduce different views on the legal regulation. The presented topic has not been thoroughly examined in the literature on the subject thus far, giving the chance to identify avenues for future research.

Keperluan Rang Undang-Undang 355: Analisis Terhadap Usul Persendirian Yang Berhormat Ahli Parlimen Marang

This qualitative study is conducted to analyze the need for Bill 355 in order to empower the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355), by referring to a private member's motion tabled by the Parliament of Marang on April 6th, 2017. This study is pertained by the current situation of shariah cases which are prevalently raised, and still, yet the punishments are incapable of being a thorough settlement mechanism. In this study, the author has identified whether the existing legal framework is still relevant in solving the issues surrounding our community by analyzing the motion brought by the Parliament of Marang, namely Shariah Courts (Criminal Jurisdiction) (Amendment) Bill 2016 with a proposal to increase the limit level of punishment to higher and appropriate enforcement. Also in this study, the literature review methods have been used through the analysis of documents including the statut of law, various articles from high impact journals, as well as case references within 2015 till 2020. The field study is also conducted by interviewing legal practitioners of the prosecution division. In conclusion, the author found that an improvement on shariah criminal law should be made in order to put the position of the Malaysian shariah legal system to a better level. In addition, the jurisdiction conflicts between both civil and Shariah Courts specifically on the handling of shariah criminal cases will be somewhat resolved and justice can be given for the benefit of the global community, particularly for the Muslims.

Jurisdictions of the Employees Judiciary Court in Iraq and to challenge its rulings - Comparative study

The research deals with (the Jurisdictions of the Employees Judiciary Court and the Appeal of its Judgments) the establishment of the Court in 2013 and the relationship of this establishment and the naming of the Court by this name with its jurisdiction while its name was the (Public Discipline Council), as the Court has two types of competences, the first is the consideration of employee appeals with administrative decisions related to civil service rights. The second relates to appeals against disciplinary penalties. The research shows the conditions and procedures for appealing before the court, and the discrepancy in these conditions and procedures between the two types of appeals, then the powers of the court as it exercises its jurisdiction. The research also deals with the issue of conflicting jurisdiction of the court and conflicting its rulings with the jurisdiction and rulings of the Administrative Judiciary Court and civil courts and how the Iraqi legislator has dealt with this issue since the establishment of the administrative judiciary in Iraq in 1989 until now. The research also deals with the discriminatory appeal to the judgments of the Employees’ Judiciary Court before the Supreme Administrative Court, which was established in 2013 to replace the General Authority of the State Council, the procedures for this appeal and the court’s powers when considering discriminatory appeals, with a statement that the court’s rulings are final and binding. Finally, we conclude the research with a conclusion in which we show the most important conclusions, recommendations and proposals to address the problems that have been diagnosed.

Research and Implementation of Civil Residence Right of Internet of Things for Smart Home

With the progress of the times, Internet of things technology is increasingly close to public life, which provides great support for the promotion of an intelligent and convenient lifestyle. The basic research on computer technology can form a contemporary emerging Internet of things technology, which has brought a great breakthrough to the information industry. Internet of things technology has brought a new model to home design. At the same time, through China’s proposal of various schemes, it has more effectively promoted the effective application of smart home. In order to improve the credibility of technical evidence in civil litigation of housing residence right, this research generates a big data portrait algorithm of water and electricity behavior characteristics through a fuzzy neural network (FNN) Fourier function (FFT), remote real-time meter reading data and generates feature code comparison algorithm of civil evidence of civil residence right (CRR) through machine learning decision technology (MLDT). As an important part of the court evidence chain, the in-depth mining of electric energy meters and water meters in the smart home Internet of things technology (IOTT) provides technical evidence for the actual residents of a specific house at a specific time. In this study, FNN and MLDT are used to directly judge the machine learning results of evidence required for ordinary civil court debate. The software that constructs the algorithm in the python big data analysis software environment has higher judgment ability for the house ownership confirmation algorithm and has significant advantages. The technical way to obtain the confirmation result of housing residence right is also significantly better than other results. With the support of other relevant evidence, the conclusion of the software can form an evidence chain to meet the needs of civil defense, and the credibility of its technical evidence is very high. In the simulation analysis, although the algorithm designed in this study can not achieve 100% data expression, it also has comparative advantages.

CLASH OF LEGISLATIVE COMPETENCY ON MATTERS OF OFFENCES RELATING TO DECENCY

The Legislative Assembly of the state of Selangor has criminalized sexual intercourse against the order of nature by virtue of S. 28 of the Syariah Criminal Offences (Selangor) Enactment 1995. The power to enforce such law is vested on Jabatan Agama Islam Selangor (“JAIS”). However, the Federal Court’s decision in Iki Putra bin Mubarak v. Kerajaan Negeri Selangor & Anor [2021] MLJU 213 has garnered the attention of the public when the apex court ruled that the Selangor State Legislative Assembly had no power to create the offence of sexual intercourse against the order of nature. The impact of this judgment is immense as it is taking away the power of prosecution of such offence by the Syarie Prosecutor in Selangor. Furthermore, the Federal Court’s judgment also points out that the Penal Code has a similar offence (Section 377A), hence excluding the legislative competence of the state of Selangor to regulate the same. The Iki Putra judgment has become the impetus of this research that aims at identifying and examining the provisions in the Penal Code and Syariah Criminal Offences (Selangor) Enactment 1995 that are considered redundant, with specific reference to offences relating to decency only. In doing so, the research employs qualitative research design. Since this is a doctrinal and library-based research, the research adopts a content analysis method on the primary and secondary materials which include the study into legislation, case law, textbooks and journal articles. The research also applies a comparative approach to determine similarities and differences (if any) between the Penal Code and 1995 Enactment. The finding shows that some offences in both legislations are redundant which will lead to conflict of jurisdiction between civil and Syariah courts. These redundancies will ultimately cause difficulties in the future with the enforcement of Syariah criminal offences.

The One-Day Court: Settling Small Civil Cases in the UAE

Abstract It is a general principle that the minor circuit — as with every civil court in the United Arab Emirates — does not settle cases within its jurisdiction until completion of pleadings by the parties, which usually takes several sessions. However, an exception to this principle has been created under Article 30/1 of the Federal Civil Procedures Law and Articles 22 and 54 of the Regulation of this law. These articles allow the minor circuit to rule upon some cases in a single session. The pleading, adjudication and judgement all take place in this one session, known as a one-day court, launched in the courts of the Emirate of Ras al-Khaimah in January 2017. This article aims to answer the questions raised about the justification for creating this court, the scope of its jurisdiction, the system for preparing cases before it, and the sufficiency of legal rules regulating challenges to its judgements.

Public Participation in Environmental Protection: Citizen Law Suits in the Indonesian Civil Justice System

This article discusses public participation in the Indonesian civil justice system which aims to protect the interests of the environment. Citizen Law Suit (CLS) as the right to a good and healthy environment as a constitutional right guaranteed by the state. As a right of lawsuit, CLS is filed in a civil court which has the principle of legitimacy standi in yudisio (everyone can be a legitimate party in the trial), as long as they have sufficient legal interest (point d’interet, point d’action (have sufficient legal interest) to file a claim) by proving the argument or posita with evidence. This is different from CLS which does not base its claim on personal interests, but based on interests as citizens who have the right to a good and healthy environment with the claim in the petition that is improvement of government performance on a good and healthy environment The approach method used is a conceptual approach, departing from the idea that social ecological justice (eco-social) is inherent as the right to a good and healthy environment is a citizen’s human right. In the results and discussion shows that a civil justice system that does not recognize al CLS, starting to accept CLS based on the judge’s legal discovery (rechtsvinding) and overriding the point d’interet, point d’action principle.

Scope and Application of Constitutional Tort in Bangladesh: An Analytical Study

The private law tort is applied in Bangladesh under the common lawjurisdiction. It is possible to first bring a lawsuit for a private law tort in the relevant civil courts and tribunals. Contrarily, the simultaneous application of Article 44 and Article 102(1) of the Constitution applies to constitutional tort. A writ petition for compensation may be filed in the nation’s constitutional court, holding the state accountable when the statutory authority is responsible for breaching the constitutional rights established in part III of the constitution. The essay compares and contrasts several features of tort law, including its effectiveness, problems of determination, and financial factors, drawing on case studies in Bangladesh. To investigate the purpose and application of tort law in Bangladesh, it closely examines scholarly literature and well-known cases. It also examines common misunderstandings about the application of torts, the defense of individual and societal rights, the formalization of tort cases in courts, the many forms of legal remedies for damage, and other issues. People who have damaged governments or public authorities cannot seek compensation because they are unaware of constitutional tort law. This article will concentrate on the need for a compensation remedy when a public official or employee violates a citizen’s fundamental rights. Additionally, the constitutional tort should be considered while analyzing vicarious liability.

“There's really almost nobody there who's trying to make sense of it”

“There's really almost nobody there who's trying to make sense of it”

Can we really treat mentally ill patients involuntarily?

IntroductionThe therapeutic alliance is critical to the efficacy of psychiatric treatment and can be weakened by involuntary treatment measures. In Western culture, mental illness is still associated with violence and if significant risk of violence is detected, in Spain a civil court can order the application of involuntary treatments such as Involuntary Outpatient Commitment.ObjectivesTo discuss the effectiveness of some psychiatric involuntary treatments used in Spain.Methods- Literature review about involuntary psychiatric treatments used in Spain - Case report about a patient undergoing Involuntary Outpatient CommitmentResultsWe present the case of a 54-year-old man, diagnosed with schizophrenia, admitted to our acute psychiatric yard more than five times due to violent behavior and psychotic symptoms. Five years ago, he was summitted to a period of three years of Involuntary Outpatient Commitment. In Spain this measure can include the administration of involuntary medication, an injectable antipsychotic treatment in this case. At the end of the order, he immediately stops attending consultations and abandoned psychopharmacological treatment.ConclusionsInvoluntary Outpatient Commitment is a controversial measure and it stirs up the concepts of stigma, coercion, care, patient autonomy and, globally, the values of humanization in psychiatry.DisclosureNo significant relationships.

Unmasking the Devil: The Role of the Civil Court and Islamic Religious Authorities in the Battle Against Religious Extremism and Terrorism in Malaysia

This paper sets out to examine the role of the court and the Islamic religious authorities in fighting religious extremism and terrorism in Malaysia. The judiciary has obligations to protect the people, to guarantee freedom and to dispense justice. It is the constitutional duty of the Islamic religious authorities to preserve the religion, to safeguard the Muslim and to insulate the teachings of Islam in Malaysia. Under the federal constitutional framework of the country, civil court and federal government do not deal with religious matters because it comes under the jurisdiction of Syariah laws and Syariah court of the states. However, in order to combat religious extremism and terrorism under the pretext of Islam, the demarcation of constitutional power and jurisdiction between federal and state governments is obscured. The federal government which has exclusive legislative and executive powers over criminal matters, public order and security have to collaborate with the Islamic religious authorities of the states in encountering threats coming from religious extremists and terrorists’ groups. Although laws, policies, and agencies relating to internal security, public order and crime are under the jurisdiction of the federal government, the ideological, theological, and philosophical dimensions of religious extremism and terrorism have to be dealt with by the Islamic religious authorities of the states. The civil court on a few occasions faced with challenging tasks of upholding rights of those accused of religious terrorism while at the same time preserving public order, peace, and security of the country. This is a qualitative research which involves legal study and analysis of primary materials including constitutions, legislations, emergency ordinances and court cases, and secondary materials such as books, articles and expert opinions. The symbiosis of federal authorities especially the civil courts, with the Islamic religious authorities of the states is the focal point of this paper. To counter the terrorists’ threats and combat the spreading of the dangerous extremists’ ideologies the court and the Islamic religious authorities need to have mutual understanding and establish cooperation in achieving the common goal. Only then the fight against religious extremism and terrorism in Malaysia is sustainable and effective.