Civil Justice System Research Articles

Implementation of Legal Quality Audit on Electronic Civil Trial Procedures (E-Court)

Currently, electronic court (e-court) systems are being implemented in several countries. The Supreme Court in Indonesia has also been adopted e-court for legal administration tasks, such as determining judicial panel compositions. A qualitative approach is proposed to explore the implementation itself. The concept and characteristics of the Special Legal Quality Audit System for electronic justice arrangements (E-court) encourage the realization of an effective and fair Civil Justice System. The concept in this context is a philosophical aspect that serves as the source of the Legal Quality Assurance Paradigm, including: defect-free (deficiency), customer satisfaction, and continuous improvement without end. This concept is elaborated in parameters that are measured or evaluated to determine the quality level and make improvements to increase the level of quality. The quality parameters used by the researcherinclude: product reliability, minimal cost, accessibility, security, service friendliness, systematicity, and keeping pace with global developments.

MEDIASI YUDISIAL KE DALAM SISTEM PERADILAN PERDATA DI INDONESIA

Judicial mediation is an alternative method of dispute resolution that has been growing rapidly lately. Judicial mediation assigning judges as mediators has many advantages. The success of this mediation is expected to ease the task of the judge because with this mediation it means that the parties to the dispute have contributed to the implementation of the principle of fast, simple and low-cost justice. As for the background of the problem, how effective is the judicial mediation itself in the civil justice system and what are the obstacles during judicial mediation in civil courts. The purpose of writing this thesis is to find out the effectiveness of Judicial Mediation and the obstacles that occur in Civil Courts. 1 of 2002 concerning the Empowerment of Courts of First Instance to Implement Peaceful Institutions. Supreme Court Regulation (PERMA) Number 2 of 2003 concerning Mediation Procedures in Courts. PERMA Number 1 of 2008 concerning Mediation Procedures in Courts. PERMA Number 1 of 2016 concerning mediation procedures in court. The results of the study concluded that the effectiveness of the implementation of Judicial Mediation in Civil Courts is ineffective because of the small peace agreement in the implementation of mediation. This can be seen from the obstacles in reaching a peace agreement in the Judicial Mediation process in Civil Courts which are still low due to the fact that first the parties do not have good faith in mediation, the two mediator judges in court are still few, third the number of impartial advocates or lawyers to reconcile .

Recourse, Litigation, and the Rule of Law

AbstractRecent high-profile lawsuits have supported competing narratives that alternately depict civil litigation as an essential instrument of the rule of law and a threat to the ideal. This essay argues that each narrative captures an important element of truth and that Gerald Postema’s account of the rule of law in his book Law’s Rule helps us (albeit unwittingly) to see why. While Postema presents recourse for alleged abuses of power as a universal and enduring facet of the rule of law, his conception of recourse turns out to resemble core features of the kind of adversarial litigation process exemplified by the U.S. federal civil justice system. Yet such a system both promises to promote and threatens to undermine each of the three principles that Postema claims are entailed by his understanding of the rule of law—namely, sovereignty, equality, and fidelity. Realizing recourse thus requires confronting difficult tradeoffs within each of those principles, as well as within the overarching rule-of-law ideal. And if the rule of law can’t be instantiated unequivocally in any particular set of institutions, then perhaps we should be more willing to treat the ideal as a subject of politics rather than just a constraint on it.

Access to civil justice as a social determinant of health: a legal epidemiological cross-sectional study

BackgroundAlthough it is widely acknowledged that access to civil justice (ATJ) is a key social determinant of health (SDOH), the existing literature lacks empirical evidence supporting ATJ as a SDOH for specific dimensions of health.MethodsA legal epidemiological, cross-sectional, postal survey was conducted on n = 908 randomly sampled participants in Hong Kong in March 2023. Data collected were perceptions of the civil justice system, health, and sociodemographics. Perceived ATJ was assessed using a modified version of the Inaccessibility of Justice scale (IOJ) and Perceived Inequality of Justice scale (PIJ), i.e. the “modified IOJ-PIJ”, consisting of 12 of the original 13 items from both scales divided into two subdomains: “procedural fairness”, and “outcome neutrality”. For health data, quality of life was assessed using the Hong Kong version of the Abbreviated World Health Organization Quality of Life questionnaire (WHOQOL-BREF(HK)), psychological distress (including symptoms of anxiety and depression) was assessed using the four-Item Patient Health Questionnaire (PHQ-4), and having comorbidities was assessed using Sangha’s Self-Administered Comorbidity Questionnaire (SCQ). Structural equation modelling (SEM) was used to investigate the relationships between perceived ATJ and the measured health outcomes.ResultsSEM demonstrated that both subdomains for ATJ had significantly negative associations (B < 0; p < 0.05) with all quality-of-life subdomains, except for between outcome neutrality with social relationships; both subdomains for ATJ had significantly positive association (B > 0; p < 0.05) with both anxiety and depression; and, after adjusting for age, only “procedural fairness” had significantly positive association (B > 0; p < 0.05) with having comorbidities.ConclusionThis study provided empirical evidence that ATJ is a SDOH for specific dimensions of health. The results of this study encourage laws, policies, and initiatives aimed at improving ATJ, as well as collaborative efforts from the legal and health sectors through health-justice partnerships, and from the broader community, to safeguard and promote public health by strengthening ATJ.

The Regulation of Legal Protection for Poor Communities Toward Justice in Indonesia and the Netherlands

Poor people often have difficulty accessing legal aid in court. In the criminal, civil, and state administrative justice systems, providing legal assistance to the poor is essential for achieving justice. This research aims to illustrate how legal aid, provided by advocates, can transform the reality of justice for impoverished individuals. This study uses normative legal research, providing a descriptive account through a legal framework encompassing legal aid, the judiciary, judicial authority, and advocates. The research also uses a conceptual approach to human rights and justice, aiming to establish an ideal model of legal protection for people experiencing poverty. The research results demonstrate that providing legal assistance to people experiencing poverty not only shields the community from arbitrary actions by the authorities that violate the law but also fosters order and peace, ensuring the community receives justice. However, in Indonesia, establishing criteria for the impoverished remains challenging; structurally, the institutional budget is insufficient; culturally, the impoverished often harbor misconceptions and skepticism about the quality and affordability of legal aid. Meanwhile, in the Netherlands, providing legal protection is carried out through legal assistance, with the consideration of offering toevoeging and consideration of legal assistance based on people's salaries. Based on the number of cases for which assistance is provided, the results and public awareness are much better, although not optimal. The concept of providing legal aid must also be directed towards a responsive and structural type, combined with the concept of access to law and justice. Budgetary policies or rules must be regulated concretely and balanced from the individual validation stage, selecting the type of service and appointing a lawyer for evaluation.

The use of artificial intelligence in the mechanism of judicial control over the execution of decisions in the civil justice system of Ukraine

The use of artificial intelligence in the mechanism of judicial control over the execution of decisions in the civil justice system of Ukraine

Indonesia’s Settlement Procedure of Small Claims: A Proposal for the Implementation of Online Dispute Resolution

This research primarily aims to investigate the opportunities for the internalized implementation of Online Dispute Resolution (ODR) within the judicial system for the settlement of small claims in Indonesia. Several positive features of ODR, such as its ease, speed, and cost-effectiveness, can serve as catalysts for the settlement of small claims. Currently, Article 6A of the Supreme Court Regulations No. 4 of 2019 concerning the Settlement Procedure of Small Claims (the Small Claims Regulation) also allows for the use of electronic case administration in accordance with relevant legislation. This study employs a normative juridical research approach with a qualitative descriptive analysis method. The data used consist of secondary data, including primary legal sources from various legislative regulations. Additionally, data from journal articles, reports, and other literature related to ODR and small claims are utilized. A comparative study with the United States is employed to gain insights into best practices for implementing ODR in small claims settlement. Subsequently, this research proposes several steps for the ODR process in resolving simple lawsuits, including case initiation, negotiation, mediation, and adjudication. Furthermore, it emphasizes the principles of ODR that need to be upheld, such as voluntariness, accountability, and impartiality. Ultimately, integrating technology into civil justice systems through ODR will enhance the effectiveness and accessibility of justice in resolving small claims.

ICT's in the Chilean and Latin-American civil justice. Analysis from the right of access to justice

AbstractThe incorporation of Information and Communication Technologies (ICTs) in the justice sector is not necessarily a new phenomenon. Nevertheless, the outbreak of the Covid-19 pandemic accelerated this process, as it required rapid solutions to mitigate the effects of social distancing and other security measures, for which ICTs proved crucial to ensure the continued provision of basic legal services. Initially used only for urgent matters, after two years it has become highly integrated into the regular functions of judicial institutions and is expected to continue as a critical tool against overburdened dockets. ICTs in the justice system can serve different purposes and can therefore be analyzed from different perspectives: efficiency in the administration of justice, interoperability between institutional actors, improvement of information for decision-makers, transparency and accountability, among others. This article focuses on access to justice. Therefore, it analyzes the ICTs implemented in Latin American countries, with a focus on the Chilean judiciary – particularly in the civil justice system – from a critical point of view, based on access to justice standards.

Judicial control over the execution of decisions involving military personnel in the civil justice system of Ukraine

The article is devoted to the issue of judicial control over the execution of decisions involving military personnel in the civil justice system of Ukraine. It has been established that when executing a court decision, the executor can seize any funds in the debtor's bank accounts, except for those whose seizure is prohibited by law. At the same time, it is the bank that executes the corresponding resolution of the executor on the seizure of the debtor's funds that must determine the status of the funds and the account on which they are located, and in the case of funds on the account that are prohibited from being attached, the bank is obliged to notify the executor of the intended purpose funds on the account and return its decision without execution, which is the basis for the executor to remove the seizure from these funds. At the same time, a garnishment cannot be imposed on the funds that make up the debtor's salary after actual deductions from it according to executive documents and on all funds from the debtor's salary beyond the limits of the amounts of deductions from such salary allowed by law, and if such a garnishment is imposed, then it should be removed. At the same time, such restriction does not apply to funds that are in accounts and that are not funds that make up wages. the state guarantees and protects by law the citizen's right to timely remuneration for work. The company's payment of wages to employees has priority over the repayment of debts to other creditors of the company. The imposition of a seizure on the debtor's account, which is also intended for the payment of wages and other payments to the debtor's employees, makes it impossible to make such payments in a timely manner, which inevitably leads to a violation of the constitutional rights of citizens who work at the defendant's enterprise to pay for work. Accounts that are intended for the payment of wages and the payment of taxes, fees and mandatory payments to the State Budget of Ukraine are accounts with a special regime, on which the executive service, in accordance with the requirements of the law, does not impose a seizure, and the separation of such accounts belongs to the powers of the executive service.

New Steps of Digitalisation of Civil Justice in Ukraine

Background: The emergence of virtual space and digital technologies is a natural consequence of the scientific and technical progress of humankind. Currently, digital technologies are actively used in the field of law, particularly within the judiciary. Therefore, the development of e-courts is a response to modern challenges. This paper is devoted to the issue of the evolution of digitalisation in civil justice; specifically, it examines the development and regulatory regulation of the use of electronic courts (e-courts) in civil proceedings. It elucidates the peculiarities and difficulties of using the electronic court to combat bureaucracy in civil proceedings. Furthermore, the paper explores the key elements of e-justice and assesses the possibility of implementing electronic lawsuits in Ukraine's courts. It also delineates the peculiarities of employing electronic means of proof in civil proceedings. Moreover, the paper clarifies the possibility of conducting court hearings online using platforms such as Meet and Zoom, drawing insights from the practices of other countries. Additionally, it compares the American Pacer system with the Ukrainian analogue, the “Electronic Court”, as one of the ways to access case materials via the Internet. Lastly, the paper outlines the practice of the Supreme Court regarding the use of electronic subpoenas and the advantages of the electronic form. Methods: An analysis of judicial practice and positions of the Supreme Court regarding individual elements of e-justice and the legality of their application was carried out. Also, special attention was paid to the practice of other countries regarding their use of electronic courts and the possibility of similar proceedings in Ukraine. Results and Conclusions: Based on the analysis, the authors concluded regarding the further improvement of the electronic court system in civil proceedings. Conclusions highlighted the advantages of digitalisation in the civil justice system.

Цифровизация гражданского судопроизводства Англии

Introduction: England is going through a period of radical reform of the civil justice system. A new landscape of digital dispute resolution is advancing, based on the idea that the transition from ‘paperbased’ resolution of legal disputes in physical courts to an online environment will help meet the dual requirements of expanded access to justice and significantly reduced system costs. As noted by the English authors, now the country has a semi‐digital justice system and hybrid ways of working. Supporters of the reforms define the current system as unstable and consider growing digitalization to be the only realistic solution. Purpose: to form an idea of the digitalization of civil proceedings in England based on analysis of scientific sources and regulations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods such as legaldogmatic and the method of interpretation of legal norms. Results: the conducted research has shown that a modernization program is currently being implemented in the courts of England and Wales, focused on the transition from traditional ways of working to the use of digital methods. There have been created various pilot schemes aimed at improving access to justice, at facilitating preliminary resolution of disputes and resolution of disputes at early stages, at reducing the number of claims reaching the court, at increasing the economic efficiency of civil proceedings and judicial efficiency. Judicial reform has been carried out by the UK government for more than 25 years. But the civil justice reform program, with its commitment to digitalization and online process, began in earnest in 2014, when the Ministry of Justice announced that Her Majesty's Courts and Tribunals Service (HMCTS) would implement a reform program the central element of which would be the use of information technology, including online processes, to facilitate dispute resolution. The concept of online court was to create a convenient online system for processing simple monetary claims with a value not exceeding 25,000 pounds. Conclusions: in 2023, the following digital technologies were widely used by UK courts: video hearings (at the discretion of the court); creation of electronic packages of court documents (e‐bundles) and electronic filing of court documents; electronic communication between the parties and the court; online portals for processing various forms of claims; creation of an online system of protocols of preliminary actions (Pre Action Protocols), called online PAPs. Currently, various claim portals designed to handle claims of various types are operating or undergoing pilot testing in the country: the Online Civil Monetary Claims (OCMC) portal (processing of claims for a certain amount of money limited to 25,000 pounds); the Damages Claims Portal (DCP) (processing of claims for damages in the district court); Official Injury Claim (OIC) portal (processing of accident injury claims). An important event was the creation of the Online Procedure Rule Committee (OPRC) in accordance with the Judicial Review and Courts Act 2022. This law created the basis for the development of new, simplified Rules for online services in civil, family, and arbitration proceedings. The Recommendations of the UK Jurisdiction Taskforce (UKJT) should also be taken into account with regard to the use of blockchain technologies in legal proceedings and judicial practice on this issue. The final report of the UKJT was published on June 28, 2023. The final position of the UKJT was to support common law as the primary means to be used to resolve claims against cryptocurrencies.

The Draft Lower Courts Bill — A serious attempt to transform the civil justice system, or another window-dressing exercise?

The Draft Lower Courts Bill — A serious attempt to transform the civil justice system, or another window-dressing exercise?

Judicial protection of civil rights and legally protected interests in Ukraine

The article examines the concept of the right to judicial protection of civil rights and interests protected by law as one of the key categories in civil law. The normative-legal regulation of the right to judicial protection by national legislation is analyzed, in particular the consolidation of the concept of judicial protection in the provisions of the Constitution of Ukraine, the Civil Code of Ukraine and the Civil Procedure Code of Ukraine. Judicial protection is considered as one of the jurisdictional forms of civil protection. An important place in the system of judicial protection of civil rights and legally protected interests is occupied by the methods used in the judicial process and which ensure the effective resolution of civil cases. During the characterization of the list of protection methods established in the Civil Code, it was emphasized that the system of judicial protection methods is much broader, unlike other jurisdictional forms of protection. In the course of the characterization of judicial protection of the rights and interests of subjects of civil legal relations, the advantages of this form of protection were highlighted, including the presence of state guarantees that meet the standards of international law. However, at the current stage of the development of the civil justice system, the practical application of material and procedural norms related to the process of preparing and justifying the submission of an application to the court, the conduct of a judicial process, a number of shortcomings are observed, in particular, caused by the introduction of martial law in Ukraine, and which require the introduction of legislative changes for their solution. In the study, special attention was focused on trends in improving the quality of judicial protection of civil rights and interests. Within the framework of the implementation of the course of Ukraine's integration into the European Union, an important condition is the implementation of international standards and norms in the sphere of justice in the state. It is also noted that the improvement of the system of judicial protection of civil rights and interests is carried out depending on the successful implementation of the judicial reform, which is a large-scale complex of state measures aimed at building a modern, efficient and independent judicial branch of government in Ukraine.

FINDING COMMON GROUND: IMPROVING RESEARCHER-PRACTITIONER COLLABORATION IN ADULT MALTREATMENT RESEARCH

Abstract The work of adult protection is inherently multidisciplinary–involving health care professions, social services agencies, law enforcement, criminal and civil justice systems, and the broader aging services network. Researchers seeking to develop and evaluate screening tools and interventions for elder abuse and neglect must cultivate partnerships with state and local agencies that are responsible for adult protection. In this symposium, early career researchers will share the unique challenges they have faced when collaborating with adult protective services (APS), healthcare organizations, and other state agencies on research to improve adult maltreatment outcomes. First, Reynolds and colleagues will summarize three collaborative projects involving a large healthcare system in Texas and APS agencies in Oklahoma. They will share how the research team adapted protocols to pandemic-related disruptions to data collection, and how they created new systems to standardize documentation. Liu interviewed state agencies in Montana and analyzed transcripts using thematic analysis. She will share the challenges and strategies that surfaced and relate to improving state-level collaboration in addressing the needs of mistreatment victims and survivors. DeLiema will present on planning for and navigating administrative barriers to cross-sector collaborations, including contracts and legal agreements that are part and parcel to university-government research partnerships. Last, Burnes will introduce the RISE project and share how he and his colleagues managed expectations to co-create a new outcomes measurement tool with adult protection workers. Reaching consensus necessitated honesty, openness, humor, and patience, but ultimately strengthened the collaboration to yield a more valid outcomes measurement assessment.

Implementation of Customary Law in Settlement of Land Disputes in Indonesia

Settlement of land disputes in Indonesia has become a complex and sensitive issue, considering the diversity of cultures, customs and laws that exist in this country. One approach that has been used to resolve land disputes is the implementation of customary law. This research aims to analyze how customary law is implemented in resolving land disputes in Indonesia. Before the Basic Agrarian Law (UUPA) was implemented in Indonesia, there were two land law systems in effect, namely western agrarian law and customary law. Western agrarian law includes concepts such as property rights, customary rights, and use rights. Land itself has a very important role in people's lives and livelihoods, especially in areas dominated by agriculture. Customary law varies greatly in that each law that regulates land rights will apply in that area. Even though there are differences from customary land, it is an important element in the formation of a state. The policy of unification of judicial bodies is one of the reasons why traditional courts are starting to be abandoned. UUKK itself also provides encouragement for the peaceful resolution of land disputes as part of the civil justice system. This research aims to provide insight into the implementation of customary law in resolving land disputes in Indonesia and understanding cultural and social dynamics in the context of dispute resolution. It is hoped that the results of this research can become a basis for formulating more effective policies in resolving land disputes involving customary law in Indonesia

Electronic Evidence in The Healthy Justice System: Reimagined

This study addresses one of the critical difficulties related to the admissibility of electronic evidence. This essay examines the reliability of electronic evidence in foreign criminal and civil justice systems and offers suggestions for revising the reliability of electronic evidence in Indonesian court processes. In terms of the legitimacy of electronic evidence in the criminal justice system, the method adopted is the present comparative policy approach in various nations. The paper presents the concept of a rapid check mechanism for verifying electronic evidence, which swiftly advances the settlement of criminal and civil cases.

A Systemic Approach to Civil Justice: Procedural Law and Public Policies – an Ibero-American Perspective

This article analyses the elements making up the civil justice system and the way in which they interact, as well as the relationship between procedural law and public justice policies in the context of the reform processes and other forms of strengthening civil justice in Ibero-America.

Weaponisation of trespass to land and its implications for land justice and enjoyment of property rights in neoliberal Uganda

Protection of the right toproperty is among the central concerns of Uganda’s Constitution and laws. The law on civil and criminal trespass aims at facilitating enjoyment of property by prescribing damages for civil trespass and penalty for criminal trespass. Despite this, criminal and civil trespass have been used as weapons by some actors in land conflicts to undermine property rights of weaker parties and escalate land conflicts. The relationship among property, land conflicts and trespass is a theme of empirical significance in Uganda. Yet, weaponisation of trespass and its repercussions on property rights and resolution of land conflicts in Uganda is not significantly studied. This paper fills this gap. It conceptualizes criminal and civil trespass as embedded in the law, and how they have been weaponised. Using qualitative methods (analysis of literature, court decisions, and web based material) the paper finds that criminal trespass has been weaponized to target weaker parties to land conflicts hence impacting on their property rights and delivery of land justice. Using the criminal justice system, they are charged with criminal trespass, incarcerated, and are unable to pursue civil remedies from courts of law, hence protracting the underlying civil/land dispute. Civil trespass has also been misused within Uganda’s escalating land dispute terrain; in pursuit of selfish objectives rather than of justice. Uganda’s neoliberal context is an enabler of all the above. Recalibration of the civil justice system for efficience and amendment to section 302 to offer clarity on the boundaries of its application are recommended.

SOLDIERS’ CONSTITUTIONAL RIGHTS AND MILITARY JUSTICE: COMPARISON BETWEEN THE REPUBLIC OF MALDIVES, MALAYSIA AND OTHER JURISDICTIONS

In 2008, Maldivians promulgated a revised Constitution. The updated Constitution introduced several democratic reforms, such as the establishment of independent institutions, the protection of human rights, the introduction of a multi-party system, and the strengthening of the rule of law. Mainly fair and transparent hearings and fair administrative action. These reforms have allowed the Maldives to achieve a more open and transparent government. Nevertheless, since 2008 many cases ruled by Maldivian military judicators have been acquitted by the Maldivian civil justice system, which includes trial courts, the high court, and the supreme court. The civil justice system has determined that the military judicators have not followed due process, and thus the cases have been overturned. Additionally, the civil justice system has implemented several reforms and safeguards to ensure all citizens have access to a fair trial. This resulted in prejudice against military justice in the army. The primary goal of the military judicator is to maintain good order and discipline in the army, as discipline is the sole of every army. Therefore, this article thoroughly analyzes the unconstitutional limitations on constitutional rights by the Maldivian military judiciaries and the legal implications that follow. It emphasizes the crucial significance of maintaining the rule of law, promoting good governance, ensuring military justice, and preserving national stability. Furthermore, it draws insightful comparisons between Malaysia and other relevant jurisdictions.

Existence of Immediate Decisions (Uitvoerbaar Bij Voorraad) and its Execution in the Civil Justice System in Indonesia

Objective: The legal basis for an immediate decision (Uitvoerbaar Bij Voorraad) in the civil justice system in Indonesia is very strong, namely in Article 180 paragraph (1) HIR/191 paragraph (1) Rbg, Article 54-Article 57 and Article 332 Rv. Then several SEMAs from 1964 to 2001. Methods: The author's study was carried out using normative research (5), with a comparative legal approach, namely by implementing civil court decisions regulated in the Dutch Civil Procedure Code Results and Conclusion: There have been many district courts that handed down immediate decisions, but the implementation of the executions experienced many obstacles, although some were successfully executed. In fact, the immediate decision and its execution are highly coveted by justice seekers, namely the plaintiff because it is very useful in accelerating the taking of his property rights unlawfully controlled by the defendant, as well as preventing and stopping the actions of the defendant continuously controlling the plaintiff's property without rights.