Civil Lawsuits Research Articles

Barriers to the Implementation of the State Attorney Attorney's Authority in Conducting a Civil Lawsuit in Returning Assets of Corruption

Assets or assets resulting from corruption are assets or assets of the state that should be used for Indonesia's national development, welfare and prosperity of the Indonesian people fairly and evenly in all fields. The welfare and prosperity of the Indonesian people is the responsibility and purpose of the country. Efforts to recover state financial losses that use civil instruments are fully subject to material and formal civil law discipline, even though they are related to corruption. The criminal process uses a material substantiation system while the civil process adheres to a formal evidentiary system which can be more difficult than material substantiation. In the criminal act of corruption in addition to the public prosecutor, the defendant also has the burden of proof, that is, the defendant is obliged to prove that his assets were obtained not from corruption. The burden of proof on this defendant is known as the Reversal principle.

Peranan Hakim untuk Mendamaikan Para Pihak yang Bersengketa dalam Perkara Perdata di Pengadilan Negeri Denpasar

Perdamaian merupakan persetujuan antara kedua belah pihak secara sukarela untuk saling mengalah atau melepaskan sebagian dari haknya untuk mencegah timbulnya perkara. Penelitian ini bertujuan untuk mengetahui dua hal, yaitu pertama, untuk mengetahui peran hakim dalam mendamaikan para pihak dalam perkara perdata dan yang kedua, untuk mengetahui kekuatan hukum putusan perdamaian dalam perkara perdata. Penelitian ini dilaksanakan di Pengadilan Negeri Denpasar dengan menggunakan metode penelitian empiris dan teknik purposive. Analisis data penelitian ini dilakukan secara kualitatif. Berdasarkan hasil wawancara dengan Hakim Pengadilan Negeri Denpasar, Panitera Pengadilan Negeri Denpasar, dan Pengacara (Advokat) maka penelitian ini dapat disimpulkan bahwa pertama, Hakim memiliki peran dan kewajiban untuk mendamaikan para pihak yang bersengketa sebelum dihadapkan pada sidang pengadilan dan bentuk dari putusan perdamaian adalah berupa akta perdamaian yang memiliki kekuatan hukum seperti putusan biasa.

Thoretical aspects in regard to the regulation of evidence in the civil lawsuit

In our currently used language, the word evidence represents the logical-mental operation by which we attempt to prove something, to demonstrate, to emphasize a certain statement which provides credibility to a particular situation. The institution of evidence in objective law was differently regulated in material law as opposed to procedural law, depending on the different factors which configured private law, but also in direct connection with the lawmaker’s interest. Thus, the current Civil Code no longer contains regulations regarding evidence in antithesis with the 1864 Civil Code; however the institution is regulated in the new Civil Procedure Code, namely law no. 134/2010 regarding the Civil Procedure Code, which would later be republished with subsequent changes. As a consequence, the institution is currently studied in Civil Procedure Law, whereas, before this new regulation, it was studied within the general theory of Civil Law.

Praktik Pemberian Salinan Akta Oleh Notaris Yang Minuta Aktanya Belum Ditanda Tangani Secara Lengkap

<p><em>In the routine inspection of the Padang Notary Regional Supervisory Council in 2019, according to his authority in Article 70 letter b UUJN 5 (five) findings of violations were found in the routine inspection of the Notary protocol where there was a violation in the form of incomplete signature of the notary deed. The formulation of this research is why in practice there was a giving of a copy of an act by a notary whose minutes of the deed had not been signed entirely and how the legal consequences of granting a copy of the deed by a notary whose minutes of the act had not been approved in full. This research is analytical descriptive research. Notary Deed has perfect proof of strength in a civil lawsuit, but if it violates specific provisions, the value of the evidence will be degraded to the strength of evidence as a deed under the hand. A notary who is proven to have made a mistake resulting in the act he made only has the power of proof as a deed under the side or even the deed is null and void by law, it will cause harm to the parties.</em><em></em></p>

THE KA LOKO TRAGEDY

The North Shore of Kauai is known for its beautiful beaches, scenery, and tropical paradise. However, the community has faced adversity and tragedy due to the lack of necessary engineering inspections, failure to apply for building permits, negligence, and complacency on behalf of property owner James H. Pflueger, the State of Hawaii, and County of Kauai. The Ka Loko dam broke on March 14, 2006 and the rushing waters wreaked havoc on the community causing mass destruction and ultimately claimed the lives of seven individuals. Multiple civil lawsuits and a criminal case followed where the owner pled no contest to seven counts of manslaughter and one count of reckless endangerment. The purpose of this paper is to conduct a brief analysis of the events surrounding the tragedy and extract the lessons learned and impacts it may have to prevent future disasters from occurring. Among the issues, it was discovered that the emergency spillway had been filled with earth, and that dam inspections were irregularly conducted.

The problem of resolution of legal collisions and conflict in the context of property rights protection

The article discusses the problems of resolving legal collisions and conflicts in the context of protecting property rights. The authors of the article examined the problems of the conceptualization of legal disputes, conflict resolution as a legal science, the specificity of legal conflicts expressed in a whole system of essential features. It is concluded that legal conflict is a relatively independent category of legal conflictology and constitutes a contradictory unity of legal dispute and opposition of legislative acts. The distinction is drawn between a legal dispute and a legislative conflict. The correlation of the concept and essence of legal disputes and legal conflict taking into account the diversity of approaches to their content. Consideration of the system-forming features of legal conflictology as a legal science allowed researchers to identify its specifics. Legal conflictology emphasizes the importance of legal components in social contradictions and the possibility of using legal norms to control the course of conflict and its resolution. The article analyzes in detail the main civil law methods of protecting property rights. The authors of the article determined the actualization of the problem of applying the legal methods of protecting property rights and other property rights, analyzed the signs of property law, civil law methods of protecting property rights and other property rights, highlighted the specificity of the species characteristics of civil lawsuits.

The Range of Applying the Foreign Law in the Jordanian Judiciary Against the Civil Proceedings Caused Due to a Crime

The research aims to clarify the legal solution about an important issue, which is to identify which legal rule needs to be applied to a civil lawsuit that has been raised based on a public right lawsuit in the criminal court, it was noticed that there is a Jurisprudential and Judicial Dispute while dealing with this subject, therefore the research addressed the differences in opinions and the Jordanian legislator's point of view about this matter. At the end of the research, a conclusion for the need for a clear and explicit provision statement to melt this dispute.

Fremde gegen Bürger. Zivilgerichtspraxis am Beispiel des Duisburger Notgerichts im 16. Jahrhundert

AbstractSince the Middle Ages, hospitable courts played a central role in the complex judicial landscape of the pre-modern age for the conflict resolution of parties of different regional origins, because civil disputes could be dealt with more quickly if at least one plaintiff or defendant was a (legal) stranger. With the obvious relationship between (social) belonging and law established by these courts, questions of asymmetries in law come to the fore, which under the common keywords of inequality, integration and exclusion are a leading interest of research in the history of law, culture and crime, but which have so far hardly been dealt with in research within the framework of civil court practice. The Duisburg Hospitable Court shows that the historical civil proceedings concerning non-repaid loans, undelivered goods or disputed estates were no less important for social stability and order in the pre-modern period than criminal proceedings, even though social integration and exclusion were not the core issues of a civil lawsuit. Since the Middle Ages, hospitable courts concerned themselves with communication and trade practices and at the same time constituted an institution that offered legal security for both foreigners and locals. This was still true in the early modern period, which generally stands for a time that became increasingly hardened towards strangers and people on the move.

To Litigate a Pandemic: Cases in the United States Against China and the Chinese Communist Party and Foreign Sovereign Immunities

The devastation wrought by the spread of the novel coronavirus has touched virtually every country and will affect countless lives and livelihoods for years to come In the midst of the ongoing pandemic, individuals in some countries have sought legal redress through their own domestic courts This phenomenon seems most prevalent in the United States, where at least twenty civil lawsuits had been filed as of June 2020—eighteen by private litigants, and two by state attorneys general This symposium contribution considers the legal theories underlying these lawsuits and their prospects of success It also considers legislative proposals that would create a new exception to foreign sovereign immunity for claims arising from a pandemic

Electronic evidence as a means of evidence in civil proceedings

The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice.
 Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System.
 In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.

PRODUCT STANDARDIZATION THROUGH “SNI” AS A FORM OF CONSUMER PROTECTION IN INDONESIA

Business relationships formed between consumers and business actors allow disputes to arise as a result of damage or defects and losses. This research will examine issues regarding the regulation of consumer legal protection of SNI compulsory products in Indonesia. The research method used is a normative legal research method. This research shows that legal protection for consumers can be created by the existence of regulations related to SNI obligations. Some arrangements that provide preventive protection to the interests of consumers, include Law No. 20 of 2014 concerning Standardization and Conformity Assessment and Law No. 8 of 1999 concerning Consumer Protection as an effort to protect the law for consumers. The law also protects consumers after an event has occurred against violations committed by business actors with acts of civil lawsuits, criminal suits, lawsuits using the Consumer Protection Act, as well as the imposition of sanctions on business actors.

A New (Republican) Litigation State?

It is a commonplace in American politics that Democrats are far more likely than Republicans to favor access to courts to enforce individual rights with lawsuits. In this article we show that conventional wisdom, long true, no longer reflects party agendas in Congress. We report the results of an empirical examination of bills containing private rights of action with pro-plaintiff fee-shifting provisions that were introduced in Congress from 1989 through 2018. The last eight years of our data document escalating Republican-party support for proposals to create individual rights enforceable by private lawsuits, mobilized with attorney’s fee awards. By 2015-18, there was rough parity in levels of support for such bills by Democratic and Republican members of Congress. This transformation was driven substantially by growing Republican support for private enforcement in bills that were anti-abortion, immigrant, and taxes, and pro-gun and religion. We demonstrate that this surge in Republican support for private lawsuits to implement rights was led by the conservative wing of the Republican party, fueled in part by an apparent belief during the Obama years that the president could not be relied upon to implement their antiabortion, immigrant, and taxes, and pro-gun and religion agenda. We conclude that the contemporary Republican party’s position on civil lawsuits has become bifurcated, reflecting the distinctive preferences of core elements of their coalition. They are the party far more likely to oppose private enforcement when deployed to enforce business regulation, while embracing it when deployed in the service of rights for their social conservative base.

Converts vs Ordinary Villagers in Late Qing Civil Trials, and the Rise of the Boxers

Village civil cases in the Qing Dynasty mainly dealt with households and marriage, land, and debts, etc. It was not uncommon for village disputes to end up in court, which functioned as a vent to release the sense of grievance felt by the disputants. Seemingly trivial cases were thus not trivial at all for those concerned. Prefectural or county officials’ mishandling of a petty civil case could spark village conflicts. As a consequence, such trials were seen as a sensitive issue in rural governance. After the 1860s, the unequal treaties had allowed Western missionaries to proselytize deep into the North China countryside, offering “political protection” for their converts in an attempt to maximize their number. The missionaries interfered extensively in village judicial actions, taking the side of their converts in civil lawsuits that pitted church members against ordinary people. This led to a general situation of “deceitful converts against honest men,” making the latter feel they were the victims of injustice. The channels that would have allowed the ordinary villagers to vent their grievances via litigation were thus blocked up. Their accumulated resentment burst its barriers and finally exploded in the violence of the Boxer Uprising.

호주 법원 판결에 기한 집행판결 청구의 소에서 번호계인 원고의 당사자능력

호주 법원 판결에 기한 집행판결 청구의 소에서 번호계인 원고의 당사자능력

Empowering judicial scriveners as litigators in Japan: is it justifiable and of value?

ABSTRACTIn Japan, the quasi-legal profession of judicial scriveners (shihō-shoshi) traditionally prepared documents for litigants to file with courts but did not have the right to represent them in courts. As part of the justice system reform, from April 2003, shihō-shoshi who took an induction course, passed a certification examination and obtained the Justice Minister’s certification are permitted to represent litigants in Summary Court civil lawsuits. Such work used to be monopolised by the full-fledged legal profession of bengoshi. The reform aimed at enhancing the public’s accessibility to legal service. However, has the change really achieved this objective? Has the objective been attained by another change under the reform: a substantial expansion of the bengoshi population? To examine the justifiability and value of the expansion of shihō-shoshi’s permitted scope of practice, this paper empirically investigates the post-reform situation of the two professions, Summary Court civil litigation, and legal representation in such lawsuits.

Access to Compensation for Trafficked Persons in Canada

ABSTRACT The article examines access to compensation for persons trafficked to and within Canada. It discusses the advantages and limitations as well as the interplay of four compensation mechanisms: restitution as a part of a criminal process, compensation from state victim funds, civil lawsuits for damages, and labor/human rights complaints. Neither of them has been specifically designed or subsequently modified to address the particular circumstances of trafficked persons, resulting in difficulties in access to and receipt of compensation by this group. Given the importance of compensation for achieving sustainable protection solutions for trafficked persons, a comprehensive study of the issue and strategic/policy action is necessary to improve access to compensation.

Difficulties in establishing a causal link between chemical exposures and cancer cannot be overcome by court assessments.

Scientific data are often used in lawsuits to prove, or dismiss, causation by a claimed factor of a claimed disease. Recent media reports of million-dollar compensations awarded to some cancer patients who had been exposed to certain chemical substances motivated me to examine how solid the causal links really were. Here, I discuss the limitations of epidemiological research on cancer causation and highlight how new knowledge of cancer genetics makes it unrealistic to expect that cancer causation can be clearly demonstrated. I then present two exposure-cancer cases, namely talcum powder-ovarian cancer and glyphosate-non-Hodgkin lymphoma, that led to civil lawsuits decided, in the United States, in favor of the claimants. Both these cancers have several risk factors, among which the claimed exposure presents only a minor, if any, increased risk. Through these cases, I explain why the use of epidemiological data is inappropriate to define causal associations in complex diseases like cancer. I close by suggesting a fairer approach, called proportional liability, to resolving future cancer litigation cases.

Ignorance as a Legal Excuse

In this chapter, I examine the forms of ignorance that defeat and sometimes create legal liability. Although my focus is primarily on the treatment of ignorance in the criminal law, I mention in passing the role of ignorance in torts, breaches of contract, and other civil lawsuits. Moreover, although my principal focus is on ignorance as a defeater of liability, I discuss as well how ignorance can operate to incriminate.

Analisis Pertanggungjawaban Pencemaran Lingkungan Akibat Tumpahan Minyak (Studi Kasus: Kebocoran Pipa Minyak di Teluk Balikpapan)

Environmental pollution in marine waters has a very broad impact on all life both at sea and on land. The oil spill not only affects the ecosystem, but also affects the health and economy of the surrounding community. This study aims to determine the extent of efforts to resolve cases of marine pollution due to oil spills in Balikpapan Bay. This research method uses this type of research is a normative juridical approach method which is done by examining library materials or secondary data as a basis for research by searching the regulations and literature relating to research problems. Qualitative analysis, which uses literature as a source of research data. Liability for oil spill cases in Balikpapan Bay can be carried out through civil lawsuits against parties related to pollution. In addition, it is important to immediately make arrangements regarding RZWP3K to realize harmony and synergy in the utilization of coastal areas and small islands between regional governments and related sectors.

DAMAGES RECOVERY CAUSED BY A CRIME AGAINST INTELLECTUAL PROPERTY: PROCEDURAL ASPECTS

Doctrinal study of procedural aspects of recovery of damage caused by a crime against intellectual property is of great importance both for the resolution of specific criminal cases, and for generalization and uniformity of law enforcement practice, as well as for legislative improvement of existing criminal procedure rules governing the mechanism of compensation for damage caused by crimes. However, the effectiveness of the institution is reduced due to problems of law enforcement and shortcomings of legislation. Proposals to improve the mechanisms of recovery of damage caused by crimes against intellectual property need theoretical justification based on the study of modern law enforcement practice. Courts in civil lawsuits for crimes against intellectual property often allow violations of procedural rights that remain unresolved. the Criminal Procedural Code of the Russian Federation contains a number of gaps in this part: specific cases and limits of application of norms of the Civil Procedural Code of the Russian Federation to claims in criminal cases are not specified. They could be defined in the Criminal Procedural Code of the Russian Federation through references to specific articles (parts, items) of the Civil Procedural Code. The paper is aimed at conceptualization of procedural aspects of recovery of damage caused by a crime in relation to encroachments on intellectual property objects, which implies a doctrinal justification of the need to make additions to the criminal procedure legislation.