Legal Court Research Articles

Supreme Court's Legal Advice: Limits, Procedures, and Need for Change

The Supreme Court offers legal advice to state organs and government agencies. Nonetheless, there are no regulations governing the execution of Supreme Court Legal Advice. This paper analyses the limitations and procedures of Supreme Court legal advice. This is a normative legal analysis grounded in conceptual and statutory law. This study utilized legal texts, doctrinal sources, and scientific material. This study employs Miles and Huberman's data analysis methodology. This study demonstrates that Article 37 of the 1985 Supreme Court Law and Article 22 paragraph (1) of the 2009 Judicial Power Law are contradictory. The dispute pertains to the petitioner seeking Supreme Court Legal Advice. The Supreme Court's Legal Advice is only extended to state organs and government agencies. The Supreme Court lacks the authority to offer legal advice to local governments, community organizations, and non-governmental organizations. The Chief Justice of the Supreme Court offers legal advice to state organs, while the Chairman of the Supreme Court Chamber provides legal advice to government agencies. Both legal advice continues to be designated as Supreme Court Legal Advice.

Lost Daughters and Sunken Ships

This essay develops the idea of salvage as a material practice around ships’ cargo and as an archival epistemology. Using a legal court case concerning 43 million dollars worth of silver bars salvaged from the wreck of the SS Tilawa, a website constructed by the son of one of the survivors of the wreck, and the Facebook story of drowned South African cadet Akhona Marara Felicity Geveza, the essay centers the nonevent that unfolded in the wake of the supposed catastrophe. It focuses on the role of economic extraction in creating the historically entangled Indian and African diasporas. The piece insists on salvage as a material practice, as a methodology, and as a mode of temporality that oscillates between the cacophony of a present and the silence of shadowy depths. The threading throughout the essay of the autobiographical, mainly through readings of the author's Indian father's unpublished memoirs as he journeyed from India to Pretoria, stresses the role of misremembering and the tangibility of an archive contained in pillowcases and written in fading ink.

Pendampingan Pos Bantuan Hukum (POSBAKUM) Kepada Masyarakat Kurang Mampu Dalam Konteks Equality Before The Law Di Pengadilan Agama Kabupaten Jember

The presence of the Legal Aid Post (Posbakum) is generally referred to as a major invasion, representing a development of the previous government's legal aid policies. Its existence reflects Indonesia's lawful state responsibilities. The Supreme Court (MA) established Posbakum in all courts of first instance that provide legal aid services, including General Courts, Religious Courts, and State Administrative Courts. This service activity was carried out at the Jember Religious Court with the goal of providing knowledge and understanding to the people of Jember Regency, particularly the less fortunate, so that they are more aware of the Jember Religious Court's legal aid facilities, which can assist in filing or handling cases and ensuring equality before the law.

‘Emerging forms of spatialised and socialised authority’ among ‘tenure-insecure peri-urbanites’ in African peri-urban spaces

This paper explores the ‘emerging forms of spatialised and socialised authority’ adopted by tenure-insecure peri-urbanites to secure coveted land in African peri-urban spaces. The paper demonstrates that tenure-insecure peri-urbanites are increasingly utilising various formal and informal institutions – ‘emerging forms of spatialised and socialised authority’, in the form of state functionaries, political party allegiance, traditional leaders, cooperatives, lobbying groups, legal courts, and religion and the occult to access and secure land in African peri-urban spaces. The review demonstrates how land remains of economic, social and emotional importance among tenure-insecure peri-urbanites. It further indicates that tenure-insecure peri-urbanites are not passive but ‘nimble-footed and responsive’, as they find ways to secure land by drawing on various normative orders like the courts and sometimes through evasion, patronage, performance and other means of conviviality. The paper also highlights the complex power dynamics characterising peri-urban areas and underscores the need for a nuanced understanding of the multiple actors involved in land governance. The paper recommends the need for effective and inclusive mechanisms of access and security over land to balance the interests of diverse actors and promote the rights of tenure-insecure peri-urbanites in peri-urban spaces. Overall, the paper helps to broaden the scope of actors that need to be engaged in the planning and governance of peri-urban spaces in the age of complex peri-urbanisation processes.

The role of the courts in conflict resolution in UK flood risk management

AbstractConflicting interests in flood risk management (FRM) frequently arise, resulting in disputes which are often resolved through mutual agreement. Nevertheless, a small number of cases require legal intervention when negotiation or mediation fails. This can publicly reveal the conflict often hidden in these mutual agreements. The two areas that intersect to create this conflict are spatial planning and flood risk reduction strategies that may impact property rights. This research explores the nature of such conflict in FRM and its possible resolution. Through an analysis of 25 all‐UK legal Court transcripts, we investigate the underlying flood‐related disputation, dispute types, and how they were resolved. Our findings reveal that certain disputes remain unresolved prior to Court proceedings due to misunderstandings about spatial planning in at‐risk areas. In addition, the depiction and the accuracy of flood risk assessments can be a contentious issue. Some FRM disputes remain irresolvable due to the differences in collective and individual aspirations about the use of land by various interests: developers, local authorities, residents, landowners, and farmers. Understanding these FRM disputes and their judicial resolution is valuable in unambiguously revealing who are the ultimate ‘winners’ and ‘losers’ in these fiercely contested struggles.

Recovery of latent fingerprints on different substrates submerged under fresh water: A review

Fingerprint proof is the maximum dependable and popular evidence inside the legal court in the judicial system. Though fingerprints are identical to all kind of conditions of atmosphere like rain, fire etc., and a huge range with different types of physical and chemical methodologies are needed for the fingerprints development. Criminal offenders always have an essential intention is they plan not to leave any traces at the crime scene. Criminals may have thought that evidences which are recovered under water will have not a single value in the field of forensics, so they consequently try to spoil the strains by throwing items in water sources like ponds or lakes. These constitute a task for the forensic experts to investigate the fingerprints. Under water evidences which are recovered from the scenes where crime occurred, have usually been a venture for the forensic scientists, as water puts different environmental effect at the prints. There are various technical processes which available for the purpose of fingerprint development from various types of substrates like glass, metal, aluminum, plastic, wood etc. on different time intervals like two days, ten days etc. There are strategies for improvement of fingerprints discovered under fresh water. The present examine offers different techniques like SPR, PTC, Black Powder, Cyanoacrylate, zinc carbonate etc. for the development of fingerprints determined under fresh water.

Polemic on the Legitimacy of Proof of E-Court Trial at the State Administrative Court (Harmonization of Legal Courts and Information Technology in the Covid-19 Pandemic Era)

The Covid-19 pandemic situation which is very dangerous and experienced by all citizens of the world limits all forms of activities in the community. This activity restriction also directly limits the direct interaction of each community. All forms of activity are restricted except regarding activities within the court itself. The courts and trials that should be held directly and open to the public have had to change due to circumstances that are not possible. This court then turned into an online court or commonly known as e-court. The court with the e-court system allows for each of those who served in the trial itself to be carried out online or online. Departing from the existing problems, researchers are interested to make it as research material this time. Looking at the effectiveness of e-court during the Covid-19 pandemic, it became the main goal in this study which was accompanied by polemics or problems that occurred a lot with the implementation of e-court. The writing method on this occasion is a literature study method which will be more emphasized on the use of reading books, related literature, and data collection. This study resulted in a new thought that the implementation of e-court can not be implemented as a whole. The enforcement of this trial or trial must still be accompanied by a non-electronic or conventional trial or trial. Electronic courts have not been fully able to certify the evidence in the trial, especially in the Administrative Court. This electronic justice is still in doubt, especially in terms of the validity that occurs in the evidence itself. This study is expected to be able to make a reference to the legislation after this to strengthen the parts in the judiciary online, especially in electronic evidence

BALANCING RELIGIOUS TRADITIONS AND LEGAL NEUTRALITY: THE INDEPENDENCE OF INDONESIA'S CONSTITUTIONAL COURT

This article examines the independence of the Indonesian Constitutional Court in relation to religious issues, particularly regarding religious freedom and marriage regulations. Utilizing a socio-legal approach, the article analyzes five judgments and assesses whether the Court accommodates the aspirations of the religious majority while still maintaining neutrality. Results show that the Court's legal decisions tend to accommodate societal aspirations, but this does not necessarily indicate a lack of neutrality. The article asserts that the independence and neutrality of the judiciary are crucial in a rule of law state, and the Court must balance societal aspirations with its role as a legal decision-making body. The Court's independence should be evaluated based on the methodological consistency of its legal decisions. Overall, the article highlights the importance of judicial independence and neutrality in a rule of law state, with implications for Indonesia's Constitutional Court and other similar legal systems.

The Discretionary Power of the Court and its Impact on the Lawsuits in Jordan Legal Courts: A Foundational Applied Study

Objectives: The study aims to demonstrate the Sharia judge’s judicial discretion and this power’s impact on Jordanian Sharia courts’ lawsuits. This study is carried out to display this power, and to emphasize that the adjudications’ impact is the goal of suing procedures, as the verdicts’ effects havea major role in people’s feeling of confidence and reassurance, security from fear, and reliance on justice. Therefore, the study cites multiple and varied applications to provide a genuine example of the adjudications’ effects on filed lawsuits. Methods: The study follows the inductive approach - collecting scientific material from jurisprudence (Fiqh) books and old and modern Sharia trial principles books -, and the analytical approach - analyzing the scientific material and benefiting from it in the study topics -. Results: The study concludes that the implementation of the judicial discretion of the Sharia judge scope is fixed by the Jordanian Sharia Procedure Code text in many positions, which were referred to explicitly and implicitly. The most important outcome of that is the necessity of adhering to the judge’s verdict, which must be executed immediately at the time of its issuance if it is in accordance with the Islamic legislation texts and if it acquires the peremptory degree. Conclusions: Sharia judge’s judicial discretion should be given more attention in studies conducted by laws’ regulators so that this authority becomes clear and defined by rectified texts that should not be overlooked in legal actions and procedures.

Call for Papers: Submit Your Research to Gaming Law Review

Gaming Law ReviewVol. 27, No. 1 Free AccessCall for Papers: Submit Your Research to Gaming Law ReviewEditor-In-Chief: Steve Ruddock and Bettingusa GroupEditor-In-Chief: Steve RuddockSearch for more papers by this author and Bettingusa GroupPublished Online:10 Feb 2023https://doi.org/10.1089/glr2.2023.29071.cfpAboutSectionsPDF/EPUB Permissions & CitationsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail Dear Colleagues,I am pleased to share some important information for anyone considering submitting a paper to our high-quality, peer-reviewed journal, Gaming Law Review.Gaming Law Review uniquely focuses on gaming law, regulations, and economics. The journal is devoted to publishing relevant papers that will both enhance the understanding of our readers and further the field through new information and ideas. Each issue appears in print and online, and there is no publication fee.At this time, we are interested in a wide variety of submissions from esports to sports betting to responsible gaming policy to revenue and financial information.The submission process is user-friendly, and an editorial staff is committed to working closely and responsively with authors. The peer-review process is prompt and efficient; our average time from submission to first decision is 27 days.If you have a manuscript that is still in progress, I encourage you to submit it to Gaming Law Review. Please take a look at the information below for more details about the journal and submission process.Sincerely,Steve RuddockGaming Law ReviewEditor-in-ChiefAbout the JournalGaming Law Review (GLR) presents the latest developments in legislation, regulation, market performance, emerging technologies, and judicial decisions affecting gaming around the world. As the first journal focused on this specialized area of law, it provides exclusive access to historic and current developments in the gaming industry. With authoritative coverage of the legalities of intellectual property and licensing requirements, past and current litigation, and tax issues, the Journal is cited more often by legal courts than any other gaming law journal.Gaming Law Review is under the editorial leadership of Editor-in-Chief Steve Ruddock, BettingUSA Group; Executive Editor Heidi McNeil Staudenmaier, JD, Snell & Wilmer, L.L.P; Economics Editor Richard A. McGowan, SJ, Boston College, and other leading investigators. View the entire editorial board on our website: www.liebertpub.com/glrGaming Law Review coverage includes: All aspects of commercial and tribal gaming lawLegal aspects of all forms of gaming, including casino games, poker, lotteries, sports betting, horse racing, daily fantasy sports, and social gamingThe regulatory challenges of emerging technology, including Internet and digital gamingGaming license requirements within and across jurisdictions—including the critically important issue of cross-border regulation within the European CommunityLegal aspects of credit, collection of debts, and online payment processingLitigation affecting casino operations—including non-gaming legal issues (e.g. employment law, banking regulations, and even personal injury law) as applied to casinosEconomic impacts of gaming issues and growth, including market analysisRegulatory and licensing and tax structuresIntellectual property of casinos, gaming equipment manufacturers, and online gaming websitesBenefits of publishing with Gaming Law Review include:Fast and user-friendly electronic submissionRapid, high-quality peer reviewCompetitive Author Benefits programMaximum exposure: accessible in 170 countries worldwideCitation tracking and inclusion in bibliographic databasesOpen Access options availableNo submission fees or page chargesVisit the Journal's website to view more information for authors including manuscript guidelines, information on available author services, and publication costs.Visit the Instructions for Authors:www.liebertpub.com/glrSubmit your paper for peer review online:https://mc.manuscriptcentral.com/glrFiguresReferencesRelatedDetails Volume 27Issue 1Feb 2023 InformationCopyright 2023, Mary Ann Liebert, Inc., publishersTo cite this article:Editor-In-Chief: Steve Ruddock and Bettingusa Group.Call for Papers: Submit Your Research to Gaming Law Review.Gaming Law Review.Feb 2023.1-2.http://doi.org/10.1089/glr2.2023.29071.cfpPublished in Volume: 27 Issue 1: February 10, 2023Online Ahead of Print:February 3, 2023PDF download

Elizabeth Allen, Uncertain Refuge: Sanctuary in the Literature of Medieval England. The Middle Ages Series. Philadelphia, PA: University of Pennsylvania Press, 2021, ix, 311 pp., 10 b/w ill.

The topic of the sanctuary pursued by Elizabeth Allen invites critical examinations of the relationship between the secular and the spiritual authorities in the Middle Ages and beyond. The desperate desire of a condemned fellow about to be executed or of a group of people facing nearly certain death to find sanctuary in a church, at a cross, a saint’s grave, or simply at the feet of a bishop was a source of much debate. If sanctuary was granted, then divine laws overruled worldly laws, and it pitted the representatives of the Church against the king, the royal court, or the legal courts. But a king could also demonstrate his strong character and virtues by granting sanctuary, which then would have been an act of surprising mercy. The sanctuary constituted a sacred space, either within an architectural frame or next to a religious person.

Engaging, political, legal court drama

Engaging, political, legal court drama

Implementation Of Restorative Justice By The Police On Defaming In Social Media

Abstract : The purpose of this research is to unravel the implementation of restorative justice by the police in criminal acts of defamation on social media, especially those that occur in the jurisdiction of the Gorontalo Regional Police. This type of research is empirical legal research using a field approach through interviews, supported by a statute approach and a case approach . The analysis used in this study is descriptive data analysis using a qualitative approach to secondary data and primary data. Based on the results of the study, the answers to the existing problems were obtained, that the effectiveness of the implementation of restorative justice by the police in the criminal act of defamation on social media in the Gorontalo Regional Police jurisdiction has actually been running in accordance with the expected restorative justice, although in its implementation it is still far in quantity when compared to the number of cases entered and processed through RJ. In 2019, 2020 and 2021 there were 11 cases of defamation that were resolved through RJ at the Gorontalo Regional Police and it is a success of the police as a mediator for resolving cases before entering the legal court process, the police have played their role in providing mediation offers to the parties in pursue restorative justice. All components involved in restorative justice or a restorative justice approach must implement in an integrated manner between the police, litigants, and community leaders as well as traditional leaders in cases of criminal defamation on social media.

Current Issues of the Procedural Nature: Proof of Criminal Offenses and Guilt in the Criminal Proceedings of Bosnia and Herzegovina

In this paper, the authors highlighted certain issues that are directly related to the complexity of determining or proving the existence of a particular crime and guilt, taking into account the legal nature and basic specifics of criminal procedure in Bosnia and Herzegovina. Considering the legally regulated stages of criminal procedure, consistency and consistent application of the law as an imperative obligation of all criminal procedural subjects in terms of realization of criminal procedural task is aimed at proper and legal court decision which clarifies and resolves a specific criminal matter. In that sense, the authors paid special attention to the differentiation between intelligence and information on the one hand and evidence in criminal proceedings on the other, then legal collection of evidence, secrecy of the investigation as a basic precondition for effective investigation, and conduct of the hearing. During the hearing, the importance of the criminal procedure was emphasized as the central part, which by the nature of things deserves special interest.

ÖZEL HASTANE VE HEKİMİN VEKALETSİZ İŞGÖRMEDEN DOĞAN SORUMLULUĞU

Hekimler, özel hastaneler ile hastalar arasında kurulan hukuki ilişkinin nitelendirilmesinde uygulama ve öğretide çeşitli görüşler ortaya atılmıştır. Buna karşın öğretide ve uygulamada söz konusu ilişkinin niteliği bakımından hâkim bir görüşün bulunmadığı söylenebilir. Çalışmada konuya Alman hukuku ile karşılaştırmalı olarak vekaletsiz işgörme merkezinde bir açıklama getirilmektedir. Bu çerçevede çalışmanın ilk kısmında vekaletsiz işgörme durumunun ortaya çıkabileceği halleri tespit etmek amacıyla hekim, hasta ve hastane arasındaki muhtemel sözleşme ilişkileri ve sınırları açıklanmıştır. Çalışmanın ikinci bölümünde ise hekim ve hastanenin vekaletsiz işgörmeden doğan sorumluluğu açıklanmıştır. Hekimin, acil sağlık hizmeti verilmesi ve ameliyatın genişletilmesi hususlarında, hekimin hastanenin organı olmaması dolayısıyla vekaletsiz işgörmeden dolayı sorumlu olması meselesi tartışılmıştır.

Enslaveability, Slavery and Global Micro Histories: Reflections through the Case of Cali

ABSTRACT This article explores the questions how enslavement and enslaveability were shaped in early modern southwest India and the Dutch East India Company (VOC) Empire. Through the example of the slave woman Cali in the 1740s, the article demonstrates how a careful micro-study based on legal court records can shed light on the ways in which individuals entered, experienced, and left slavery in eighteenth-century South India, and also suggests how different manifestations of slavery co-existed and interacted in a colonial contact zone. The fate of Cali moreover shows that an enslaved actively tried to better their position by taking independent action and challenge their treatment as a slave.

Establishing Ethical Norms: Dignified Justice Theory Perspectives on Ethics and Legal Relations

The relationship between ethical norms and legal norms is different for experts, especially concerning their position. Moreover, legal norms seem to be superior to ethical norms. This study aims to analyze the position of ethical norms and legal norms. The dignified justice theory was chosen because it seeks to orient the divine and human aspects, which can only be fulfilled if ethical and legal norms synergize. This research is juridical-normative research. The juridical-normative research was chosen because it confirms the existence of ethical norms and legal norms as part of the system of norms prevailing in society. The study's results confirm that, in practice, legal court decisions are often considered higher and more authoritative than ethical court decisions. This has implications for the position of ethical norms that are considered inferior to legal norms. Furthermore, the theory of dignified justice seeks to see the relationship between ethical norms and legal norms as different norms, but in its implementation in society, the two norms must synergize and complement each other.

An intuitive approach to judicial expertise

Research shows that expert performance in many fields of activity is embodied in an expert level of intuition. This appears to be true in predictable domains with fixed rules. However, evidence suggests that this type of expertise also exists among representatives of more naturalistic domains, such as firefighters or art specialists. This paper considers whether a kind of expertise embodied in expert intuition can occur in judges. It supports the thesis that it is possible to achieve expert intuition in the scope of some types of court situations consisting of legal problems with an objective legal standard for solving them. However, legal intuition is ineffective in cases involving legal problems with no such standard, and thus it cannot be developed to the expert level in this respect. The paper discusses two model examples of comparable legal problems: those that generate a completely novel normative issue for judges, and those that create a conflict between judicial intuitions, frequently regarding the relation between law and morality. In both of these situations there are no visible environmental regularities (repetitive patterns of legal practice) to adapt, and hence, it is impossible to perform a deliberate practice – a form of training indispensable for developing expert intuition – for legal decision-making. Legal intuitive expertise, therefore, appears to be powerless in determining the holistic answers to some legal court cases, despite the skills and experience of the judge.

Submit Your Research to Gaming Law Review

Gaming Law ReviewVol. 26, No. 3 Call for Papers:Free AccessSubmit Your Research to Gaming Law ReviewEditor-in-Chief: Steve RuddockEditor-in-Chief: Steve RuddockSteve Ruddock; Bettingusa GroupSearch for more papers by this authorPublished Online:8 Apr 2022https://doi.org/10.1089/glr2.2022.29054.cfpAboutSectionsPDF/EPUB Permissions & CitationsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail The editorial team of Gaming Law Review, the Official Legal Publication of the International Masters of Gaming Law (IMGL), invites you to submit your manuscript for consideration.Gaming Law Review coverage includes: All aspects of Gaming lawRegulatory actions and updatesEconomic and financial analysisAll aspects of commercial and tribal gaming lawRegulatory and licensing and tax structuresIntellectual property of casinos, gaming equipment manufacturers, and online gaming websitesLegal aspects of all forms of gaming, including casino games, poker, lotteries, sports betting, horse racing, daily fantasy sports, and social gamingThe regulatory challenges of emerging technology, including Internet and digital gamingGaming license requirements within and across jurisdictions—including the critically important issue of cross-border regulation within the European CommunityLegal aspects of credit. collection of debts, and online payment processingLitigation affecting casino operations—including non-gaming legal issues (e.g. employment law, banking regulations, and even personal injury law) as applied to casinosEconomic impacts of gaming issues and growth, including market analysisBenefits of publishing with Gaming Law Review include:New! Fast and user-friendly electronic submissionRapid, high-quality peer reviewCompetitive Author Benefits programMaximum exposure: accessible in 170 countries worldwideCitation tracking and inclusion in bibliographic databasesOpen Access options availableNo submission fees or page chargesGaming Law Review presents the latest developments in legislation, regulation, and judicial decisions affecting gaming around the world. As the first journal focused on this specialized area of law, it provides exclusive access to historic and current developments that are impacting today's legal cases. With authoritative coverage of the legalities of intellectual property and licensing requirements, past and current litigation, and tax issues, the Journal is cited more often by legal courts than any other gaming law journal.Submit your paper for peer review online:https://mc.manuscriptcentral.com/glrVisit the Instructions for Authors:www.liebertpub.com/glrSubmit your paper for peer review online:https://mc.manuscriptcentral.com/glrFiguresReferencesRelatedDetails Volume 26Issue 3Apr 2022 InformationCopyright 2022, Mary Ann Liebert, Inc., publishersTo cite this article:Editor-in-Chief: Steve Ruddock.Submit Your Research to Gaming Law Review.Gaming Law Review.Apr 2022.143-144.http://doi.org/10.1089/glr2.2022.29054.cfpPublished in Volume: 26 Issue 3: April 8, 2022PDF download

Implementation Of Giving Legal Assistance To Defendant People Who Are Not Able In District Court Of Surabaya

Abstract 
 In writing this thesis, the author intends to find out and analyze the implementation of providing legal assistance to indigent defendants in the Surabaya district court. is an empirical juridical research that is a type of field research that studies the legal provisions that apply and what happens in reality in the community supported by interview interviews and questionnaires and legislation. Based on the legal material obtained, those in this thesis use descriptive analysis data. The results of the study concluded that in the implementation of providing legal assistance to indigent defendants in the Surabaya District Court, it was carried out through the Surabaya District Court's legal aid post consisting of a combination of several advocate organizations in it. To get free legal assistance, it is done by submitting a request to be given legal assistance through a one-stop integrated service in the Surabaya District Court, but not all requests for legal assistance are granted, there are also requests that are rejected or not granted, only those who fulfill the requirements to get assistance the law will be granted for free and in practice there are those that are in accordance with the provisions and there are those that are not in accordance with the provisions for example such as the provision of legal assistance which is not carried out to the end. giving legal aid until the executor of giving legal aid violates the rules.
 Keywords: Providing Legal Aid, Defendants who are unable, Legal Aid Posts