Aspects Of Civil Law Research Articles

Conditional Obligations of Spouses: Theoretical Issues and Judicial Practice

Statement of the problem. The questions of realization of civil norms about unjust enrichment in family law are relevant in connection with the strengthening of the economic component in the property relations of spouses. In addition, spousal conditional claims have recently been the subject of an increasing number of proceedings in the courts of general jurisdiction. However, while the civil law aspects of conditional obligations have been extensively and deeply researched in science, the issues of implementation of civil norms on unjust enrichment in family law have been addressed sporadically and so far remain outside the field of scientific research. Purpose and methods of research. The purpose of this article is to identify current problems of application of norms on unjust enrichment to property relations of spouses on the basis of the analysis of legislation, judicial practice and doctrine. The theme was carried out with the use of the following general scientific methods: a dialectical method of knowledge of the legal phenomena, the logical method was used at material presentation, the method of the system analysis has allowed to study interaction of norms of family and civil law, separate elements and signs of institute of unjust enrichment. In addition, special methods were used in the article: formal-legal, the method of generalisation of legal materials and technical-legal analysis. Results. The analytical study of the institute of unjust enrichment allowed the author to identify groups of family relations in respect of the application to them of conditional rules. In order to eliminate uncertainty in the choice of the method of protection of property rights of spouses, the criteria on the basis of which the claim for the return of unjustified enrichment is distinguished from the other property claims of the spouses was proposed.

В каких пределах можно использовать содержание баз данных: проблемы и перспективы

This article is devoted to the civil law aspects of using databases. There is a number of legal instruments providing control over databases, and the author explores them systematically. However, they relate only to particular elements of a database’ structure, whereas its very content could be used freely.

Analisis Yuridis Tingginya Cerai Gugat Istri terhadap Suami pada Masa Pandemi Covid-19 (Studi Penelitian di Mahkamah Syar’iyah Lhoksukon)

The number of divorce cases that occurred during the Covid-19 pandemic is a concern. Divorce applications at the Lhoksukon Sharia Court are mostly from ordinary or middle class people who apply for divorce for various reasons. Article 38 Law no. 1 of 1974 regarding "marriage can be broken due to death, divorce and on a court decision. Dissolution of a marriage caused by death does not require special discussion because neither party is aggrieved either recognizing their responsibilities or rights. This study aims to find out and analyze the legal arrangements for divorce between a wife and her husband during the Covid-19 pandemic from the aspects of Civil Law, the Civil Code and to find out the purpose of a wife's divorce from her husband according to the Criminal Code. In this study, the researcher wanted to see what factors influenced the parties filing for divorce that occurred during the Covid-19 period at the Lhokseumawe Syar'iyah Court, how were the efforts made by judges to reduce divorce during the Covid-19 period at the Lhokseumawe Syar'iyah Court and the obstacles what is faced in solving the problem of divorce which has increased during the covid-19 pandemic.The type of research used to answer these problems is juridicalempirical legal research using an empirical approach. Data collection was carried out through interview studies and field research. Data analysis used is qualitative analysis. The results show that Divorce is increasing due to economic problems, infidelity and domestic violence, and families are facing problems leading to lawsuits for divorce. The high number of divorces during the Covid-19 pandemic can be overcome through preventive efforts, namely preventing unwanted things such as divorce from happening in the future. Hindering the resolution of high divorce cases is the strong desire of the parties to maintain the divorce and third party intervention to help couples feel more confident about their divorce.

Aspek Hukum Perdata dalam Kontrak Bisnis Pariwisata dan Dampak Untuk Pembangunan Ekonomi di Indonesia

The tourism sector is experiencing a very rapid development by giving birth to various variations of tourism business activities. Where this tourism business activity sometimes experiences problems in carrying out tourism business contracts. This study aims to analyze the civil law aspects of tourism business contracts in Indonesia and the impact of tourism business on economic development in Indonesia. This research is a normative research, prescriptive, with a regulatory and conceptual approach. The results of the study found that a) Aspects of civil law in the tourism business in Indonesia have an important role in it As we know tourism has tourist activities whose activities are a business. It is undeniable that a business relationship starts from a contract. In the absence of a contract, it is impossible for a business relationship to be carried out in which there is an agreement regulated in article 1313 of the Civil Code (Civil Code) known as an agreement. And b) The impact of the tourism business on economic development in Indonesia in general, the greater the contribution of the tourism sector to the economy of a region, the greater the contribution of the tourism sector in improving the economic welfare of the people in the region.

Hukum Keperdataan dan Bisnis dalam Ruang Lingkup Pengadaan Barang dan Jasa

National development rests on the procurement of goods and services by providing maximum service to the community. The implementation of goods and services procurement activities has the objective of driving an economy based on the mission to grow decent and good jobs, as well as being able to increase foreign power in terms of vendors by increasing a growth chart in the economic sector. The implementation of the procurement of goods and services requires the role of civil law and business law aspects in supporting each of its activities, based on the existence of an agreement or contract in writing or not in writing, by fulfilling the conditions for the validity of the agreement contained in the Civil Code and Business Law. The formulation of the problem in this study focuses on aspects of civil law and business law based on their involvement in the E-Tendering process, so the purpose of this study is to determine aspects of civil law and business law based on their involvement in the E-Tendering process. This research uses normative juridical research methods. After conducting research, it was found that aspects of involvement in civil law contained agreements or contracts, while business law contained business principles and business competition law in bidding tenders for the procurement of goods and services.
 Keywords: Procurement of Goods and Services; E-Tendering; Civil Law and Business Law

Hukum Keperdataan dan Bisnis dalam Ruang Lingkup Pengadaan Barang dan Jasa

National development rests on the procurement of goods and services by providing maximum service to the community. The implementation of goods and services procurement activities has the objective of driving an economy based on the mission to grow decent and good jobs, as well as being able to increase foreign power in terms of vendors by increasing a growth chart in the economic sector. The implementation of the procurement of goods and services requires the role of civil law and business law aspects in supporting each of its activities, based on the existence of an agreement or contract in writing or not in writing, by fulfilling the conditions for the validity of the agreement contained in the Civil Code and Business Law. The formulation of the problem in this study focuses on aspects of civil law and business law based on their involvement in the E-Tendering process, so the purpose of this study is to determine aspects of civil law and business law based on their involvement in the E-Tendering process. This research uses normative juridical research methods. After conducting research, it was found that aspects of involvement in civil law contained agreements or contracts, while business law contained business principles and business competition law in bidding tenders for the procurement of goods and services.

Aspek Hukum Perdata dalam Kontrak Bisnis Pariwisata dan Dampak Untuk Pembangunan Ekonomi di Indonesia

The tourism sector is experiencing a very rapid development by giving birth to various variations of tourism business activities. Where this tourism business activity sometimes experiences problems in carrying out tourism business contracts. This study aims to analyze the civil law aspects of tourism business contracts in Indonesia and the impact of tourism business on economic development in Indonesia. This research is a normative research, prescriptive, with a regulatory and conceptual approach. The results of the study found that a) Aspects of civil law in the tourism business in Indonesia have an important role in it As we know tourism has tourist activities whose activities are a business. It is undeniable that a business relationship starts from a contract. In the absence of a contract, it is impossible for a business relationship to be carried out in which there is an agreement regulated in article 1313 of the Civil Code (Civil Code) known as an agreement. And b) The impact of the tourism business on economic development in Indonesia in general, the greater the contribution of the tourism sector to the economy of a region, the greater the contribution of the tourism sector in improving the economic welfare of the people in the region.

Administrative, financial, criminal-legal and theoretical-methodological aspects of regulating social relations in government bodies

The purpose of the research was to define the theoretical, administrative and civil law aspects of the regulation of social relations. Consequently, the article specifies the means of social regulation, which include components of legal, moral, corporate and customary, etc. type. It has been shown that legal regulation of social relations is defined as an intentional action on the behavior of people and social relations with the help of legal (juridical) means. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. By way of conclusion it has been proved that since the object of legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. As contributions, the following factors of social relations have been determined: level of economic development of society; social structure of society; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation.

DISCIPLINARY RESPONSIBILITY IN THE MECHANISM FOR ENSURING THE GOODNESS OF JUDGES: NATIONAL AND INTERNATIONAL CONTEXT

The article examines the issue of bringing judges to disciplinary responsibility in the aspect of ensuring their integrity. The current state of regulatory regulation of disciplinary liability of judges is analyzed, the dependence of disciplinary penalties on specific types of disciplinary offenses is determined. The subject structure of disciplinary proceedings against judges is also considered, attention is focused on the fact that this issue is one of the key ones in the aspect of ensuring the principle of independence of the judge, which must be observed in a democratic state. The combination of the principles of independence and responsibility of judges is regulated by numerous norms of international law and is based on a special sphere of administration of justice, the object of work in which are living people. That is why judges are increasingly subject to demands of a moral and ethical nature, which are covered by the category of «integrity», since the general state of ensuring the rule of law and the protection of human rights depends on compliance with these requirements. Special attention is paid in the article to the latest legal positions of the Supreme Court regarding the practice of reviewing complaints against decisions on disciplinary liability of judges. Thus, the Supreme Court emphasized that the principle of presumption of innocence does not apply to the judge during disciplinary proceedings, since the applicability of this principle is limited only to criminal cases. Under the condition of consideration of disputes that are covered by the civil law aspect, the burden of proving guilt may be transferred to the defendant. The position of the Supreme Court regarding the dismissal of a judge as a result of disciplinary proceedings was also analyzed: according to it, the court, when considering cases of appeal against decisions of the High Council of Justice on the dismissal of a judge, which were decided as a result of disciplinary proceedings, cannot assess the facts or circumstances of a disciplinary case. The conclusion that such a position corresponds to the provisions of the law, which contain a specific and comprehensive list of grounds for appealing the decisions of the High Council of Justice on bringing judges to disciplinary responsibility to the Grand Chamber of the Supreme Court, is substantiated.

Separate functional aspects of civil law in the information sphere

Separate functional aspects of civil law in the information sphere

Criminal and Civil Aspects Of Healthcare Worker Liability For Medical Malpractice in Croatia

A healthcare worker's liability for damage caused to patients can be criminal, civil, misdemeanour, and disciplinary, with the necessary precondition that the damage was caused as a result of medical malpractice or negligence, and not as a result of the regular course of the disease. The paper analyzes the criminal law and civil law aspects of the healthcare worker's responsibility for damage caused by medical malpractice through the provision of medical care. The imprecise definition of the legal nature of the healthcare worker's responsibility, the obligations that the law imposes on doctors, the definition of malpractice in medical treatment, as well as the legal basis of responsibility, indicate the existence of many legal dilemmas that require additional analysis to which we would like to contribute with this paper. Because of a broad concept of issues in healthcare worker's liability, this paper aims to explain the material assumptions of criminal (duty to act) and civil (negligence) liability and discusses the legal position of a medical expert in both types of proceedings.

Administrative, Financial, Criminal-Legal and Theoretical-Methodological Aspects of Regulating Social Relations

The purpose of the research is determined as theoretical, administrative, and civil law aspects of the regulation of social relations are defined. Main content. The article defines the means of social regulation, which include legal, moral, corporate, customs, etc. It has been proved that legal regulation of social relations is defined by the author as a purposeful action on people’s behavior and social relations with the help of legal (juridical) means. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, as well as methods of analysis and synthesis. Conclusions. It has been proved that since legal regulation is presented as social relations, legal regulation is determined by some objective and subjective factors. The following aspects of social relations have been resolved: level of economic development of the society; social structure of the community; level of maturity and stability of social relations; level of legal culture of citizens; level of certainty of the subject of social relations, means and methods of legal regulation etc.

Akibat Hukum Adat Semenda dalam Sistem Pewarisan Suku Talang Mamak ditinjau dari Hukum Keperdataan di Indonesia

The inheritance law itself is part of the civil law and the smallest part of the family law. The customary law inheritance system includes 3 (three) patterns, namely patrilineal, matrilineal, and parental. One of the tribes that still applies customary inheritance law is the Talang Mamak Tribe. This research explores the application of the inheritance of the Talang Mamak Tribe in the customary inheritance system in Indonesia and its legal consequences in terms of aspects of Indonesian civil law. This research is of a normative juridical type using a statutory debate approach and a concept approach. The secondary data used comes from literature studies with analytical descriptive analytical methods. The result of the research obtained by Penilis is that most of the Talang Mamak people are known to have converted to Islam. The traditional inheritance of the Talang Mamak Tribe basically uses a matrilineal system, where the heirs are daughters. The role of Ninik amak and the daughter here is to be the ruler or controller of the inheritance and the custodian of all the brothers of the wife including the sons. According to Article 105 and Article 109 of the Civil Code, this is inversely proportional to the position of women who are classified as legally incompetent. The inheritance system in the Talang Mamak Tribe should be given legal protection by the government specifically.
 
 
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ASPEK HUKUM KEGIATAN PERPAJAKAN DALAM PERSPEKTIF HUKUM PERDATA

Even though taxation activities are the actions of state administration officials in collecting taxes from their citizens, they are substantially an engagement. The state is the tax collector (creditor) and the taxpayer is the taxpayer (debtor). Therefore, the legal aspect of the engagement is dominant in taxation activities. Several aspects of civil law can be described, both material civil law, especially those relating to engagements as regulated in book III of the Civil Code and formal civil law relating to execution. Among them are related to the legal aspects of taxation activities in the perspective of engagement law, the expiration of tax debts, default and legal consequences and their execution. This includes hostage measures (gijzeling) that can be imposed on the taxpayer who in bad faith does not carry out his tax obligations.

Features of Civil Law Regulation of Relations in Design and Construction Using Building Information Modeling (BIM)

The paper explains the civil law aspects of the regulation of relations related to the use of information modeling in construction. The author analyzes the features of international and national standards for BIM implementation and highlights the problems of domestic legal regulation of relations in the field of information modeling. It is determined that the development of BIM technologies requires special contractual legal tools, providing, on the one hand, organizational and informational relations for the creation and use of a digital model within a single process of design, construction and operation, and, on the other hand, relations related to the exercise of property rights and obligations, exclusive rights to the BIM object. The author substantiates the necessity of introducing standard structures defining the use of BIM in contractual practice of design and construction. The author proposes to apply conceptual aspects that need to be reflected in the development of relevant treaties.

Organ and tissue transplantation definition: civil law aspect

This paper deals with the problem of defining the concept of organ and tissue transplantation in civil relations context. The fragmental definition of ‘organ and tissue transplantation’ presumes significant problems of this term’s legal interpretation. The core difficulty of such situation seems to be the usage of special medical terminology in indicated legal relations sphere. Simultaneously, it is well known that literal borrowing of medical terminology leads to a significant narrowing of the concept, as it does not take into account many legal aspects. The situation is complicated by the fact that Ukrainian and foreign scientists have no unambiguous views on the doctrinal interpretation of this term. Some legal scholars argue that the transplantation of human anatomical materials should be considered from the standpoint of the right to medical care, others tend to define transplantation as a special type of medical service. One more group of scientists are supporters of borrowing medical terminology to denote this item and are likely to interpret transplantation as a special method of treatment or system of medical manipulations. This article calls us into question of analyzing doctrinal legal approaches to understanding the transplantation concept in the context of civil law, as well as the interpretation of this term in national and international transplantation legislation. Special legal methods and logical tools are applied to present the solution of the article’s purpose. The complex analysis of special transplant legislation and doctrinal approaches has led us to the conclusion that national and international legislative definitions of transplantation tend more to the established medical terminology. A systematic analysis of the doctrinal considerations and legal provisions allows us to identify the following approaches to understanding transplantation: transplantation as medical manipulation (medical intervention); transplantation as a process of organ or tissue replacement; transplantation as a method of treatment; transplantation as medical care; transplantation as medical service. Such a variety of views on the interpretation of this concept is quite justified primarily due to the multifaceted nature of the transplantation phenomenon. All the above approaches seem to be correct, because they reflect it from different angles. Despite the lack of agreement, we believe our findings compare well with the opinion that medical service seems to be the best reflection of the civil law nature of the legal relations for the provision of medical care. Therefore, we suggest to define the term “transplantation” as medical service for the provision of highly specialized medical care by replacement of an organ and (or) tissue that has lost its vital functions on the basis of medical indications.

Legal regulation of inclusive education in Russia: civil law aspect

The article analyzes the civil law aspect of the legal regulation of inclusive education implementation. Despite the fact that inclusive education is regulated quite thoroughly through international legislation, federal laws and by-laws, it is impossible to take into account all the needs of specific individuals when receiving education in specific organizations. In this case, the specification of the rights and obligations of students and educational organizations in order to meet the needs of disabled people should be carried out through the conclusion of civil law contracts for the provision of educational services. Agreements can be made both between an educational institution and a student (his/ her representative), and between an educational institution and a student (his/her representative), and between in the implementation of the process of inclusive education.

PROTECTION OF SUSTAINABLE FOOD AGRICULTURAL LAND AGAINST THE CONVERSION OF AGRICULTURAL LAND TO NON-AGRICULTURAL (STUDY IN BANGKALAN)

Protection of Sustainable Food Agricultural Land which is then stated in Regional Regulation No. 05 of 2013 is one of the policies of the Bangkalan Regional Government to reduce the rate of conversion of agricultural land to non-agricultural. The policy is indicated to be ineffective in its implementation in the community because the substance, structure, and culture of the community do not support the existence of the policy. This type of research is empirical research or commonly called field research that can uncover facts in the field. The type of research used is sociological juridical that can observe the reactions and interactions that occur when a norm does not work properly. The approach method used is the fact approach and the legislation approach. Data types and sources use primary data and secondary data, data collection methods use interviews with several communities and related agencies. Then it is analyzed using a descriptive-qualitative method. The results of the research in the application of the Bangkalan Regional Regulation will be tested for its effectiveness in the community when viewed from the civil law aspect which tends to be very lacking to be applied which has an impact on there are still communities transferring their land for personal interests due to the lack of incentives provided by local governments.

Civil Liability for Mining Companies for Environmental Pollution Based on Indonesian Laws

Environmental pollution has a broad legal dimension, in addition to criminal sanctions in various related legal regulations, there are also administrative and civil law aspects. This study aims to analyze how civil sanctions in environmental pollution are carried out by mining companies based on Indonesian legal rules. This study proves and confirms that in principle, every person in charge of a business and/or activity who commits an unlawful act in the form of pollution and/or environmental destruction that causes harm to other people or the environment is obligated to pay compensation and/or take certain actions. In addition to being required to pay compensation, the polluter and/or environmental destroyer may also be burdened by the judge to take certain legal actions, for example an order to install or repair a waste treatment unit so that the waste complies with the specified environmental quality standards; restore environmental functions; and/or eliminate or destroy the causes of environmental pollution and/or destruction.

Pengurusan Piutang Negara Pada Kementerian/Lembaga Dalam Perspektif Hukum Perdata (Studi Pada KPKNL Medan)

This study aims to find out the problems that often occur for the Committee for State Receivable Affairs (PUPN) in carrying out their duties assisted by the Directorate General of State Assets (DJKN). DJKN carries out collection of receivables based on Minister of Finance Regulation (PMK) Number 240 of 2016 concerning the management of state receivables. DJKN is entrusted with the authority by PUPN to collect uncollectible state receivables. Collection of state receivables by DJKN in order to collect state rights and return them to the state. This study uses normative legal research that is descriptive analytical based on a case approach which is then analyzed qualitatively. The results of the study indicate that in essence there is a need for transparency of procedures from DJKN in collecting state receivables. DJKN delegates this authority to the State Assets and Auction Service Office (KPKNL) as the executor of the management of state receivables in accordance with PMK Number 240 of 2016, in the management of receivables, it is necessary to analyze the aspects of civil law