Court Principle Research Articles

ANALISIS KRITIS PERUBAHAN KEWENANGAN JURU SITA DALAM PEMANGGILAN PIHAK BERPERKARA DI PENGADILAN AGAMA SUKADANA

The discussion regarding bailiffs is currently interesting to discuss. Because there is a discourse that changes the bailiff's task system, namely in summoning litigants to court. Where summoning the parties to the case is one of the important duties of the bailiff. And in this case, the Supreme Court's discourse on changing the calling system via the post office means that it is clear that there are consequences to this policy. The aim of this research is to determine the impact that occurs when a litigant is summoned to the Religious Court using the Post Office. This research is field research, using qualitative data analysis. The results of the research carried out by transferring the parties' summons to a third party post office were not in accordance with the court's principles of simplicity, speed and low costs. Because it adds bureaucracy, the bailiff should contact the next litigant directly.

The open court principle in Zimbabwe: A language rights perspective

This article examines the open court principle in Zimbabwe from a language rights perspective. Data were collected through an analysis of the statutes which enshrine this principle to examine their adequacy (or lack thereof). Court observations and semi-structured interviews with purposively sampled key participants were used to corroborate data from document analysis. Findings of this study show that Zimbabwean courts are not open courts in the true sense of the word because members of the public in the gallery are not guaranteed the right to an interpreter or translator. Legally represented litigants or those who express comfort with English are not offered interpretation services, which is a clear indication that interpretation services are primarily meant for litigants and not members of the public in the gallery. Consequently, Zimbabwean courts merely guarantee physical access, and deny members of the public linguistic access. English is the language of the proceedings and record, yet the majority of the members of the public are functionally illiterate in English. Based on this, I therefore argue that opening up the physical space of courts and guaranteeing physical access to the court documents is of little or no use if the citizens are linguistically excluded.

Part B Drawing the Curtains in the House of Justice: Analyzing the Impact of Pandemic Measures within Manitoba Courts on the Open Court Principle, Access to Justice, and Charter Rights

Part B Drawing the Curtains in the House of Justice: Analyzing the Impact of Pandemic Measures within Manitoba Courts on the Open Court Principle, Access to Justice, and Charter Rights

Part A Setting the Stage: Recognizing the Importance of the Open Court Principle and Access to Justice in Manitoba During the COVID-19 Pandemic

Part A Setting the Stage: Recognizing the Importance of the Open Court Principle and Access to Justice in Manitoba During the COVID-19 Pandemic

Civil Law Analysis of Application for Change of Name at Rembang District Court

The State of Indonesia is a state of law which is regulated in Article 1 paragraph 3 of the 1945 Constitution. One of the implementations of legal products is the settlement of disputes or problems that are contrary to the law by courts. In this study, we want to examine the problem of the application for a name change in the District Court according to the facts that occurred in Rembang. This study uses a qualitative approach which makes observations directly to the field to find the truth value related to the research. The results of the study found that along with the times, the application for change of name was very much found in people’s lives. But the fact is that many people are still confused about the name change application process. The purpose of this study is to find the problems in the application case encountered when wanting to change the name and provide information about the procedures related to submitting a name change application at Rembang District Court based on court principles to achieve certainty, benefit, and legal justice

Open Court Principle for The Public in Material Judicial Review Right in The Supreme Court

The Supreme Court (MA) has the authority legality review on regulations under the law against the law as stated in Article 34A paragraph (1) of the 1945 Constitution. Unlike the Constitutional Court (MK) in the examination process until the ruling applies Open Court Principle the Supreme Court does not implement it because apply the legal provisions that apply to the application case in the shortest possible time. This research uses normative legal research methods with conceptual approaches, philosophical approaches and statute approach. “There are two research questions of this study namely why is the principle of the trial open to the public in the right of judicial review in the MA in the concept of modern legal states and what is the constitutional basis for a trial open to the public based on the principle of Audi et Alteram Partem.? Based on principle as law country, Indonesia should emphasize on transparency to make public decision at court so that justice will prevail. The Supreme Court can make rule that accommodate the spirit of a trial that is open to the public as in the principle of Audi et Alteram Partem.

부패범죄에 AI 범죄예측 시스템 적용의 문제점과 개선방안

Corruption crime is not limited to the deviance of one actor, but is a crime with destructive power that can destroy the social structure. Although the state and society are making great efforts to reduce corruption crime, it is not easily detected or completely eradicated due to the confidentiality and customary nature of corruption crime. Therefore, it is necessary to explore whether there is an effective way to reduce corruption by introducing an AI crime prediction system. This is because many countries are already seeing a positive effect of reducing the crime rate by introducing AI crime prediction systems. However, it is necessary to examine whether the AI ​​crime prediction system can be applied to corruption crimes and what problems there are if it is applied. Furthermore, we intend to explore the improvement measures for applying the AI ​​crime prediction system to corruption crimes. AI crime prediction systems that handle personal information can infringe on individual rights. And the algorithm of AI crime prediction system has problems of opacity, inaccuracy, and bias. AI crime prediction systems are becoming a new means of control for citizens, such as ‘Big Brother’. As a solution to bias and inaccuracy, the AI ​​crime prediction system should be descriptive, accurate, and audited by an objective agency. In order to limit the individual control function of the AI ​​crime prediction system, the AI ​​crime prediction system must also apply the principle of proportionality to minimize the infringement of the subject's rights (the principle of minimal infringement). And AI crime prediction systems should be used as a last resort (principle of complementarity). It should be used individually according to the subject's risk of recidivism (principle of individuality). The AI ​​crime prediction system should not be implemented by administrative disposition, but should be imposed by judicial review of the court (principle of judicial control). If the analysis of the AI ​​crime prediction system is applied according to the principle of imposition of such security measures, the individual control function of the AI ​​crime prediction system can be limited as much as possible and the efficiency as a control method for corruption crimes can be increased.

Promoting Privacy, Fairness, and the Open Court Principle in Immigration and Refugee Proceedings

Promoting Privacy, Fairness, and the Open Court Principle in Immigration and Refugee Proceedings

“Equality of arms” in criminal procedure in the context of the right to a fair trial

The level of realization of the right to a fair trial is one of the crucial indicators of democracy in any state. In order to ensure this right, all the minimum standards deriving from it must be clearly understood by law enforcement agencies and their practice must meet these standards. As equality of arms, the right to a fair trial, is not directly enshrined in the text of Article 6 of the European Convention on Human Rights (hereafter - the Convention) and is of implicit character; the issues like its essence, content and the way it should manifest in practice are open for discussion. For this reason, the focus on those issues is highly relevant. The aim of this article is, with reference to the case law of the European Court of Human Rights (hereafter - ECHR) and the modern doctrine based on this right, to explain the role of this principle and the essence of its mutual relations with the other elements of the right to a fair trial. Selected case law of ECHR bears great interest compared with other decisions and is discussed in the form of empirical materials of the study. From the doctrinal materials, interpretation of Article 6 of the Convention and theoretical sources related to the European standards in the criminal procedure are also analyzed. The article exercises methods of dialectical comprehension; they are determinism, induction, deduction, case studies and methods of law interpretation. As a result of the study, a unique doctrinal commentary has been obtained in the context of adversariality and impartial and independent court principles of the concept of equality of arms, as well as, interaction of the minimum rights of persons subject to criminal prosecution, guaranteed by the Convention.

Free Speech and Social Movements — Demonstration by Occupation in a Democracy

Protest by occupation of public spaces has been a feature of 21st century activism around the world. The Occupy movement, ‘Arab Spring’, Occupy Central in Hong Kong and the Sunflower movement in Taiwan have sparked popular interest in such demonstrations. However, there has been relatively little legal analysis of American occupation-based protests and the role of social movements in a democracy. The article takes the Occupy movement as its case study, examining intermediate court Occupy cases to show how political expression is limited by the US Supreme Court’s free speech principles. It argues that First Amendment free speech principles are ill-suited to protecting the protest activities characteristic of contemporary social movements, and should be revised. The article is interdisciplinary, drawing on the work of well-known social scientist Charles Tilly. It is presented in three parts. The first explains Tilly’s theory of a social movement, then focusses on the intersection between social movement campaigns and the right to free speech. The second part analyses the definitions of freedom of speech developed by the US Supreme Court, relying on Tilly’s work to show that the definitions do not fully recognise the expressive nature of social movements. The failure of the intermediate court Occupy cases can be explained by the courts’ inability to appreciate the significance of occupation-based protest, due to their reliance on the Supreme Court doctrine. The third part contends that Supreme Court principles need to be revised to fully recognise the contribution of the social movement to American public discourse. The article contributes to the journal theme by providing an analysis of the role of today’s social movements as agents of change. It highlights the opportunities for those movements—and the limits on them—to bring about social change through free speech litigation.

Administrasi Perkara Perdata Secara E-Court di Indonesia

The purpose of this research is to multiply the innovation related to civil case administration carried out by E-court by the Religious Court of the City of Banjar and the suitability of case administration based on Regulation No.1 of 2019. This research method is included in the category of field research, with a research approach. qualitative, with data collection techniques carried out through observation, interviews, and documentation. Meanwhile, the data analysis technique is done by analyzing the data inductively. The results show that 1) Civil case administration innovation in PA Banjar City in implementing simple, fast and low cost court principles is by implementing E-court, while still monitoring to avoid extortion and brokering perpetrators who charge fees outside the provisions that apply to people who are looking for justice. 2) The suitability of electronic civil case administration carried out in PA Banjar City refers to Perma No. 1 of 2019 can be said to be appropriate, which is evidenced by the existence of communication and socialization to employees, and ecourt services in PA Banjar City are adjusted to SOP which applies to the Banjar City Religious Court. The down payment fee of the case is adjusted to the radius of each area (plaintiff and defendant). 3) Constraints in using E-court in PA Banjar include Server Errors, Human Resources, excessive time saving, unable to explore the information that must be conveyed by both the plaintiff, defendant, and witnesses due to the limited time available the judge.

Promoting Privacy, Fairness and the Open Court Principle in Immigration and Refugee Proceedings

Court decisions and court documents are becoming easier to access online than ever before. This access provides many possible benefits, including increased fairness. But court decisions and documents often contain intensely personal information. Public exposure of that private information may even lead to significant harm. The Federal Court of Canada has demonstrated leadership among Canadian courts in attempting to proactively grapple with these issues, including by consulting stakeholders about increased electronic access to court records. We -- researchers connected with the Refugee Law Lab based out of York University’s Centre for Refugee Studies and Osgoode Hall Law School -- write this paper to participate in the Federal Court’s consultation. To date, consultations have highlighted immigration and refugee proceedings as one area of particular concern for privacy risks. Some are even calling for restricted access that could compromise the open court principle and systemic fairness. This article suggests the Federal Court could enhance privacy interests in immigration and refugee proceedings without compromising the open court principle. It suggests that any measures taken to protect privacy should be crafted to avoid amplifying unfairness in access to legal materials. The Federal Court must avoid creating access regimes that asymmetrically block research and technological development that could advance the interests of refugees and other displaced people.

Open Court Principle in the Implementation of Courtroom Television in Indonesia and the Psychologycal Mind of Defendant

This research aims to analyze and carry out theoretical criticism related to the open court principle, in the implementation of courtroom television in Indonesia. There are differences in the implementation of courtroom television in several cases in Indonesia. As in the case of Jessica Kumalawongso, the entire trial process, including the verification process, was broadcasted live. The research method is the social juridical method. In such events, the presumption of innocence principle and the principle of witnesses being prohibited from communicating with each other were also damaged. The implementation of courtroom television affected the defendant’s psychological condition. Thus,s this research will conduct a theoretical study related to the open court principle in the implementation of courtroom television in Indonesia and its consequences.

Open Court Principle in the Implementation of Courtroom Television in Indonesia and the Psychologycal Mind of Defendant

This research aims to analyze and carry out theoretical criticism related to the open court principle, in the implementation of courtroom television in Indonesia. There are differences in the implementation of courtroom television in several cases in Indonesia. As in the case of Jessica Kumalawongso, the entire trial process, including the verification process, was broadcasted live. The research method is the socialjuridical method. In such events, the presumption of innocence principle and the principle of witnesses being prohibited from communicating with each other were also damaged. The implementation of courtroom television affected the defendant’s psychological condition. Thus,s this research will conduct a theoretical study related to the open court principle in the implementation of courtroom television in Indonesia and its consequences.

Journalism practice and application of the contempt of court principle in the Nigerian judiciary

The people’s right to know is a cardinal feature of democratic governance. In the judiciary, the right to know presupposes an open justice system where judges are expected to adjudicate without concealments. As authentic information purveyors in society, the press and the judiciary need collaboration to achieve openness in justice administration and satisfaction of the people’s right to know.Consequently, this paper explores the relationship between Nigerian judges and journalists vis a vis Nigeria’s Chief Judge’s recent directive to the bench to apply “contempt proceedings” in members’ interactions with “wanting” journalists, and the people’s right to know. The paper assessed judges’ professed preconditions for journalists’ presence in court and practical experiences of journalists in Nigerian courts. It identifies a depreciation of values in justice administration behind this morally repulsive relationship between the bench and the press and calls for urgent redress.
 Keywords: Journalism practice, Prejudice, Contempt of court, Justice administration, Judiciary

The Supreme Court, Prorogation and Constitutional Principle

The Supreme Court gave its decision in Miller and Cherry, finding that the Prime Minister’s decision to prorogue Parliament was null, void and of no legal effect. The decision was unanimous, 11-0, with no separate opinions. The Supreme Court thereby overturned the result in the Divisional Court in Miller, and upheld the result of the Scottish Court of Session in Cherry. The Supreme Court’s ruling has unsurprisingly generated much comment. A number of commentators have supported the judgment. I come within this group, as will be apparent from the subsequent discussion. The decision was in my view correct and compelling. The ruling has also attracted adverse comment. It is not feasible within the space of a law review article to discuss to all such contributions individually. The focus of the subsequent discussion is on three longer critiques, which address all the principal issues adverted to in the critical literature. The idea that prorogation should be subject to judicial review was strongly challenged by Richard Ekins shortly prior to the Supreme Court’s ruling. Martin Loughlin has criticized the Supreme Court’s ruling in the form of a hypothetical appeal to a ‘UK Constitutional Council’. John Finnis was sharply censorious, regarding the judgment as unconstitutional and unwarranted. It is axiomatic that all judicial decisions should be subject to evaluation in order to test the soundness of the reasoning and result. It is therefore proper that such contributions should be forthcoming. The tone and language of John Finnis’ contribution is nonetheless regrettable in equal measure. It is equally axiomatic that academic critique should be subject to close analysis to test the veracity of the argument. The more far-reaching the critique, as judged by its substance and language, the better the argument must be. The judgment was not unconstitutional, it was not wrong in law and the critique is not warranted, as will be shown in the ensuing analysis, the structure of which is as follows. The article addresses the four key issues articulated by the Supreme Court, which were as follows: the justiciability of prorogation, (Issue 1); the standard of review that should be applied to test the lawfulness of prorogation, (Issue 2); the application of that standard to the instant case, (Issue 3); and the appropriate remedy, (Issue 4). The Supreme Court’s reasoning in respect of each issue is set out. This is followed by consideration of the critique of the Court’s reasoning on each issue and my response thereto. Issues 1 and 2 will be considered together, since they were closely connected in the Court’s judgment.

Breakthrough the Legal Principle of the Civic Court Procedure

The principle of law in civil law has general characteristic, meaning that it applies in any situation, not only apply or purpose for certain event. Some legal principles in civic law are in need for attention: point d’interet point d’action principle; court principle with simple, fast, and cheap way; passive judge principle; judge and assembly principle; transparency of court for public; equality principle; court principle for justice based on The Divine of the Only God; and principle of judge decision with reasons. Keywords: Legal Principles, Procedure of Law, Reformation,Civil Justice DOI : 10.7176/JLPG/91-04 Publication date: November 30 th 2019

The Time In Between: A Response to A Theory of Civil Problem-Solving Courts

As small claims courts grow in numbers and popularity, more issues are beginning to rise to the surface. These issues stem from a lack of understanding of the process, not following the court’s procedural rules, and many others revolving around pro se litigants. As criminal courts begin to shift how they treat the underlying issues of defendants, so are the ideas for how to handle civil litigants. Most of the solutions proposed for solving civil courts’ issues are admirable and likely to succeed. However, as a magistrate judge and former prosecutor who worked closely with South Carolina’s first homeless court, I believe that we need to implement two solutions before the long-term plans can be realized: enforcing current contract law through the lens of pro se relaxation, and the application of homeless court principles.

The Existence of Notary Honor Assemblies in the Criminal Justice Process

The aim of this study is to know and analyze the basic idea of the necessityfor the approval of the Notary Honor Assemblies to the Notary examination in thecriminal justice process and on the approval of the Notary Honor Assemblies to theNotary examination in the criminal justice process in relation to the principle fast,simple and low cost trial. This research uses doctrinal law research done or aimedat a concept that will be studied which is the concept or principle of fast, simpleand low cost trial in relation with the authority of Honorary Notary Assembly to thechecking of Notary in criminal justice process. The basic rationale of the existenceof this NHA is the effort to enforce the obligation to deny or deny notary rights(the obligation to conceal the contents of the deed). Thus, the NHA’s approval asa opening “key” to the obligation of Notaries public when facing the complicatedlegal process. Legal protection of notary as regulated in Article 66 paragraph (1)law of the Repulic of Indonesia concerning Position of Notary (LPN) is a legalprotection to notary public as a public official who is performing its task andobligation in carrying out government authority to keep the state documents in theform of authentic deed. The request for approval from NHA is not only done bythe investigator at the stage of investigation, but will also be requested again bythe prosecutor for the prosecution and by the judge for the court hearing not inaccordance with one of the principles in the criminal justice process that is fast,simple and low cost court principle. For the seizure of the copy of the minuta deedand the summon to the Notaries must first the investigator, the prosecutor and thejudge send the application for approval to NHA. It is said not to be in accordancewith the simple justice principle because according to Article 66 Law of Position ofNotary (LPN), the request for the approval of NHA is done at every stage of criminaljustice process.

THE EXISTENCE OF NOTARY HONOR ASSEMBLIES IN THE CRIMINAL JUSTICE PROCESS

The aim of this study is to know and analyze the basic idea of the necessity for the approval of the Notary Honor Assemblies to the Notary examination in the criminal justice process and on the approval of the Notary Honor Assemblies to the Notary examination in the criminal justice process in relation to the principle fast, simple and low cost trial. This research uses doctrinal law research done or aimed at a concept that will be studied which is the concept or principle of fast, simple and low cost trial in relation with the authority of Honorary Notary Assembly to the checking of Notary in criminal justice process. The basic rationale of the existence of this NHA is the effort to enforce the obligation to deny or deny notary rights (the obligation to conceal the contents of the deed). Thus, the NHA’s approval as a opening “key” to the obligation of Notaries public when facing the complicated legal process. Legal protection of notary as regulated in Article 66 paragraph (1) law of the Repulic of Indonesia concerning Position of Notary (LPN) is a legal protection to notary public as a public official who is performing its task and obligation in carrying out government authority to keep the state documents in the form of authentic deed. The request for approval from NHA is not only done by the investigator at the stage of investigation, but will also be requested again by the prosecutor for the prosecution and by the judge for the court hearing not in accordance with one of the principles in the criminal justice process that is fast, simple and low cost court principle. For the seizure of the copy of the minuta deed and the summon to the Notaries must first the investigator, the prosecutor and the judge send the application for approval to NHA. It is said not to be in accordance with the simple justice principle because according to Article 66 Law of Position of Notary (LPN), the request for the approval of NHA is done at every stage of criminal justice process.