Dispute Cases Research Articles

온라인 디자인 플랫폼 분쟁 사례분석 및 실무적 대응 방안에 관한 연구

Purpose: This paper proposes measures for protecting designers' intellectual property rights in response to the growth of online design platforms. Research design, data, and methodology: This study analyzed the dispute cases involving online design platforms and proposed practical measures for designers and platform operators to address these issues effectively. Results: This study suggests that online platform operators can enhance their credibility by fostering collaboration with creators. Moreover, it emphasizes the need to develop internal monitoring systems and encourage third-party reporting of infringers and counterfeit products, accompanied by a compensation system. In addition, it proposes enhancing educational efforts to prevent infringement and institutionalizing stringent measures, such as permanently banning infringers from the platform. Finally, the study advocates for expanding online arbitration to ensure the swift resolution of disputes. Conclusions: This study contributes to the protection of designers' intellectual property rights, defines the scope of responsibility for platform operators, and ultimately promotes the growth of the digital design industry.

Normative Justice and Implementation Related to Sharia Economic Law Disputes in Realizing Legal Certainty and Justice in Indonesia

Academic problems stem from the results of sharia economic dispute decisions issued by the Surabaya High Religious Court (PTA) which do not fulfill the elements of certainty and justice, both at the normative (book in law) and implementation (law in action) legal levels. The losing parties can only file objections for simple cases and submit an appeal. So this is contrary to the principle of contante justice (speedy trial) in court. So the aim of this research is to analyze this. The method used in this research is normative juridical. The theories used in this research include the theory of legal certainty and justice, sulh theory, and the theory of judicial power. The research results prove that in order for the Surabaya High Religious Court (PTA) to be able to apply the principle of contante justitie (speedy trial) effectively, especially in deciding cases of sharia economic disputes, judges at the Surabaya PTA must be based on the basic principles of Islamic sharia, namely maqasid al-syariah In deciding the case, it includes: 1) not making things difficult ('adam al-haraj), 2) not reducing the burden (taqlil al-taklif), 3) Equality and Justice (al-Musawah wa al-Adalah).

Allah’s House to Domes of Secularism: Minoritization of Muslims in India

Disputes around the Babri masjid have been crucial for understanding the Muslim subject position in India, also because mosques are public expressions of Muslimness. I read the legal proceedings of the Babri masjid dispute leading to the Supreme Court’s controversial judgment in 2019, tracing the life of Babri masjid unfolding as a mosque, a disputed site and, finally, a Hindu temple. Focusing on the theological and secular claims of Hindu and Muslim litigants, I look at the differential approach to belief and historical claims within the legal adjudication. I especially analyse two strategies, disruption and description, that significantly led to the changes in the attributes of the mosque. Comparing the Babri dispute with the case of the Malappuram mosque dispute in the eighteenth century, this article analyses theological claims on a mosque, asking the question why the Muslim narrative shifted from one rooted in religious reverence, Allah’s house, to one anchored in secular symbolism, the domes of secularism? It would discreetly give an idea of the practice of secularism in India which, as different scholars contend, systematically erases Muslim religiosity from the public space. I suggest reading the anchoring of Muslim claims in secularism as pointing to the crucial changes in the Muslim subject position that is decisively framed through excessive powers of the modern nation-state.

Tinjauan Yuridis Putusan Pengadilan Agama Stabat No.1062/Pdt. G/2015/PA.Stab Tentang Pembatalan Hibah Perspektif Teori Keadilan

This study aims to analyze the decision of the Religious Court Stabat No.1062/Pdt. G/2015/PA.Stab regarding grant cancellation. This study uses a statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of grants uses article 35 paragraph 1, article 36 paragraph 1 of law number 1 of 1974 concerning joint property and article 1338 of the Civil Code regarding agreements/agreement, thus ignoring the article regarding the permissibility of withdrawing a grant object even though the grant is without the approval of other heirs. The panel of judges should ideally be guided by the concept of Maqasid Syari'ah, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family ties, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the legal considerations made by judges in deciding cases of cancellation of grants are inconsistent in terms of the application of the legal system in force in Indonesia because according to him a sense of justice has not been fulfilled for justice seekers.

Simplified Lawsuits in Dispute Resolution Within Sharia Economic Law in Indonesia

This research is based on the numerous disputes in Sharia economic law within Sharia Business Financial Institutions, legal aid in the field of Sharia economic law, and civil matters that have not been well resolved. The Regulation of the Supreme Court of the Republic of Indonesia (PERMA RI) No. 4 of 2019 regulates the resolution of Sharia economic law disputes in a simplified manner. However, the socialization of this regulation to the public is still lacking, causing frequent obstacles in the implementation of this PERMA RI. This research is a literature study with a juridical approach aimed at analyzing the implementation of PERMA RI in the resolution of Sharia economic cases. The primary data in this research includes PERMA RI No. 4 of 2019, PERMA RI No. 14 of 2016, PERMA RI No. 2 of 2015, and PERMA RI No. 1 of 2016. Several relevant cases are used as important data to analyze the implementation of these regulations. The results of this research show that the process of simplified lawsuits in the resolution of Sharia economic disputes, which is expected to be easier, faster, and cheaper in court, has not been realized in accordance with PERMA RI. This needs to be a concern for the Supreme Court because most Sharia economic dispute cases involve companies and the public. If the Supreme Court regulations are not properly implemented in court proceedings, it will create a space for injustice. Therefore, the socialization of these Supreme Court regulations needs to be enhanced by academics and practitioners so that their implementation in the future can be�better.

Cadastre in Nepal: Need for 3D and Way Towards 4D

Increase in population and its migration towards urban areas are leading to unmanaged urbanization generating pressure on the land. To meet the demand of migrating people, high rise buildings are being developed. Since land is a limited resource, this is a better solution. Rights on vertical strata in the same parcel need to be recorded technically and legally in cadastral data as well as land registers. In Nepali context, despite some limited legal provisions for recording 3D cadastral data, there is still a gap in recording spatial information technically. On the other hand, due to the lack of clear spatial information recording and limited provisions for recording in land registers, land disputes are also arising. However, an increase in land dispute cases is not the only issue; there are a huge number of reasons related to legal and technical provisions in land administration. Therefore, in order to minimize land dispute cases, 4D cadastre can provide a better solution. The paper discusses the legal provisions of 3D cadastre and its need in the context of Nepal, along with the need for 4D cadastre to support in reducing land dispute cases.

SENGKETA PEMBATALAN HIBAH DI PENGADILAN AGAMA STABAT DITINJAU DARI MASLAHAH

This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of dominant gifts applies article 35 paragraph 1, article 36 paragraph I law number 1 of 1974 concerning joint assets and article 1338 of the civil law code concerning agreements/agreement, thus ignoring Article regarding the permissibility of withdrawing the grant object even though the grant is without the approval of other heirs. Meanwhile, according to the theory of maslahah initiated by al-Ghazali that the decisions of the Religious Courts made by the panel of judges are ideally to realize the concept of maqasid sharia, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family relationships, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the considerations made by judges in deciding cases of cancellation of grants tended to be inconsistent in the application of the applicable legal system, so that according to him, the intended sense of justice had not been fully fulfilled.

Delegation of Medical Action Authority of Doctors to Nurses in Health Services in Emergency Departments: Empirical Legal

Purpose: This study aims to analyze the implementation of the delegation of authority of medical actions of doctors to nurses in the emergency department and explore the legal responsibility of the delegation of authority of medical actions of doctors to nurses in the emergency department in Indonesia. Theoretical Fremework: Theoretically, this research is expected to contribute intellectually and academically to the enhancement of understanding of healthcare laws for healthcare practitioners, institutional leaders, and to provide a sense of security and protection in carrying out healthcare services functions to the community, especially in the provision of medical procedures at healthcare facilities. Additionally, it is expected to provide practical insights for the goverment, hospital directors, and health departments in order to improve healthcare services to the public and ensure legal protection for healthcare workers in carrying out their professional duties. Method: The type of research method used is empirical legal research. Data primarily obtained from respondents using a list of questions (questionnaire) and direct interviews with the research object. In addition to that, it is also based on legal materials that are relevant to the discussion or problem being researched and other supplementary legal materials that can provide explanations. Results: The delegation of medical action authority from doctors to nurses in healthcare services at emergency rooms is regulated in Article 290 of Law Number 17 of 2023 concerning Health. Medical and healthcare services, consisting of both mandatory delegation. The scope of work delegated through partnership must be clearly and specifically defined in writing within the authority delegation letter and adjusted according to the level of competence of the nurse. The doctor as the delegator and the nurse as the recipient of medical authority there are also responsibilities of the hospital, as well as the central and local governments, especially in meeting the national needs for medical and healthcare personnel. In handling medical dispute cases, law enforcement agencies must prioritize the mechanism of restorative justice. If no agreement is reached, the dispute is then taken over by the professional disciplinary board under the Ministry of Health to determine whether there has been any violation of professional discipline by medical and healthcare personnel. Conclusions: 1) Delegation of authority for doctor’s medical actions to nurses in health services in emergency departments in Indonesia, regulated in Law No. 17 of 2023 concerning Health Article 290, Minister of Health Regulation No. 2052 of 2011 Article 23 and Minister of Health Decree No. HK.01.07-425 of 2020 concerning Nursing Professional Standards; 2) Responsibilities by doctors, nurses, and hospitals regarding the delegation of authority for doctors’ medical actions to nurses in health services in emergency departments must be carried out by laws.

Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective

Pure Legal Theory (The Pure Theory of Law) is a positive legal theory. However, it does not discuss positive Law that applies in a particular legal system; it only discusses general legal theory. Hans Kelsen's presentation of Pure Legal Theory aims to explain the nature of Law and methods of making Law rather than explaining what the Law should be or the best way for Law to be created. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to determine how the legal certainty and protection of the parties in mediating the resolution of Sharia financial disputes, a comparison of progressive legal analysis of Hans Kelsen and Satjipto Raharjo's legal theory in resolving Sharia financial disputes. Based on the research and discussion results, a picture is obtained that legal certainty (rechtssicherheit) Legal certainty is the certainty of laws or regulations; all kinds of methods, methods, and so on must be based on laws or regulations. Within legal certainty, there are positive laws and written laws. Normative legal certainty is when a regulation that regulates it clearly and logically is created and promulgated. Progressive Law wants to return the Law to the right track (on the right track). For this reason, Satjipto Rahardjo thinks that legal breakthroughs are needed (legal breakthroughs, not legal breaking) in law formation and enforcement.

Legal Liability of Business Operators For Beauty Products Containing Hazardous Chemicals

This study aims to analyse the liability of business operators for beauty products containing hazardous chemicals. This normative legal research employs methods including a statutory approach to examine relevant laws and a case-based approach to analyse real life instances of non-compliance. Findings reveal that despite strict regulations, enforcement challenges persist, leading to potential health risks for consumers. The study emphasizes the legal responsibilities of business operators to compensate for damages caused by non-compliant products, as outlined in Law No. 8 of 1999 on Consumer Protection. The research concludes that the resolution of consumer dispute cases can be settled through the Consumer Dispute Settlement Agency (BPSK) in three stages: mediation, conciliation, and arbitration, where the decisions made are final and binding. Besides resolution through BPSK, consumer dispute cases can also be resolved through litigation, which typically incurs more costs and takes more time compared to resolution through BPSK. Alongside proactive consumer actions to report hazardous products to regulatory bodies. This comprehensive approach ensures consumer safety and upholds legal standards within the beauty industry.

WTO체제하의 중국 신재생 에너지 자동차 보조금 정책에 관한 연구

Purpose - The purpose of this study is to derive improvement measures for China's renewable energy vehicle subsidy policy under the WTO system. The parts of the new and renewable energy vehicle subsidy system enacted by China that are inconsistent with the WTO subsidy agreement are identified, and policy improvement measures are suggested. Design/Methodology/Approach - This study conducted existing literature studies and case analysis to derive improvement measures for China's renewable energy vehicle subsidy policy under the WTO system. First, the existing literature research analyzed previous studies on the renewable energy vehicle subsidy policy. Second, the case analysis identified the inconsistency of China's renewable energy vehicle subsidy policy with the WTO subsidy agreement based on the results determined in WTO-related dispute cases. Findings - Since it is stipulated that only renewable energy vehicle producers are eligible for subsidies under China's renewable energy vehicle subsidy policy, renewable energy vehicle subsidies establish the specificity specified in the WTO subsidy agreement. Local governments established factories locally and provided subsidies only to renewable energy companies using on-site facilities, which is a prohibited subsidy under the WTO subsidy agreement. Research Implications - First, prohibited subsidies must be removed by expanding the subject of subsidies or changing the payment method. Second, the central government should strengthen the supervisory capabilities of local governments. Third, it is necessary to encourage and expand the introduction of personal capital in the field of renewable energy infrastructure. Fourth, various support measures in addition to the subsidy policy should be added to reduce the suspicion of prohibited subsidies in other countries and promote industrial development.

The Effectiveness of the Government Regulation Concerning Franchises in Resolving Franchise Business Disputes in Indonesia

<p>Franchising is a business system that is growing with the current in Indonesia and the legal relationship between the franchiser and the franchisee is regulated in a contract that regulates the rights and obligations of the parties who have a relationship to comply with the contents of the agreement, which if violated can have consequences for the future law according to the agreement in the franchise agreement. Since the enactment of Government Regulation No. 42 of 2007, franchise business disputes still occur in Indonesia, such as abuse of franchisor authority, quality of technical and managerial support provided by franchisors to franchisees, and unfairness in profit sharing between franchisees and franchisees. This study aims to examine the effectiveness of Government Regulation No. 42 of 2007 as a legal basis for resolving franchise business dispute cases in Indonesia. The research method used is normative legal research with a literature study approach. The results showed that Government Regulation No. 42 of 2007 is a regulation that regulates the mechanism for resolving business disputes in Indonesia, including in the case of franchise business disputes. This research also identifies several challenges that may be faced in the application of Government Regulation No. 42 of 2007 in resolving franchise business dispute cases, such as the complexity of the dispute resolution process, limited access to dispute resolution institutions, and low awareness and understanding of business people regarding the dispute resolution mechanism regulated in the regulation. Steps are needed such as counseling and persuasive approaches to franchise business actors regarding the importance of resolving business disputes through the mechanisms regulated in the regulation, monitoring, and evaluation of the dispute resolution process carried out by the appointed institution.</p>

The Existence of Tax Courts in Indonesia From the Colonial Era, Independence, to Reformation

The source of the State Budget is Taxes. Tax is a mandatory contribution that is coercive because it is regulated by law. One of the tax collection systems is self-assessment, where taxpayers are given the freedom to pay and report their taxes independently, the fiscal officer supervises and checks the tax returns reported by taxpayers every year. This difference in opinion on the results of the examination between taxpayers and tax officers is what raises the problem of tax disputes. The problem of tax disputes has existed from the Dutch colonial era to the present. The Tax Court is the body that decides tax dispute cases, the name and duties of the tax court have changed from time to time and with the decision number 26/PUU-XXI/2023 concerning the Tax Court. The authority of the tax court changed to the full authority of the Supreme Court. This article concludes that the Tax Court developed over time, and along with tax reform the Tax Court also underwent reform with the transfer of organizational, administrative, and financial coaching authority to the Supreme Court (MA). With this transfer of authority, it is hoped that the Tax Court can decide tax dispute cases fairly and have legal certainty for the parties to the dispute.

Risk management and empirical study of the doctor-patient relationship: based on 1790 litigation cases of medical damage liability disputes in China

BackgroundCompensation for medical damage liability disputes (CMDLD) seriously hinders the healthy development of hospitals and undermines the harmony of the doctor-patient relationships (DPR). Risk management in the DPR has become an urgent issue of the day. The study aims to provide a comprehensive description of CMDLD in China and explore its influencing factors, and make corresponding recommendations for the management of risks in the DPR.MethodsThis study extracted data from the China Judgment Online - the official judicial search website with the most comprehensive coverage. Statistical analysis of 1,790 litigation cases of medical damage liability disputes (COMDLD) available from 2015 to 2021.ResultsCOMDLD generally tended to increase with the year and was unevenly distributed by regions; the compensation rate was 52.46%, the median compensation was 134,900 yuan and the maximum was 2,234,666 yuan; the results of the single factor analysis showed that there were statistically significant differences between the compensation for different years, regions, treatment attributes, and trial procedures (P < 0.05); the correlation analysis showed that types of hospitals were significantly negatively associated with regions (R=-0.082, P < 0.05); trial procedures were significantly negatively correlated with years (R=-0.484, P < 0.001); compensat- ion was significantly positively correlated with years, regions, and treatment attributes (R = 0.098–0.294, P < 0.001) and negatively correlated with trial procedures (R=-0.090, P < 0.01); regression analysis showed that years, treatment attributes, and regions were the main factors affecting the CMDLD (P < 0.05).ConclusionsYears, regions, treatment attributes, and trial procedures affect the outcome of CMDLD. This paper further puts forward relevant suggestions and countermeasures for the governance of doctor-patient risks based on the empirical results. Including rational allocation of medical resources to narrow the differences between regions; promoting the expansion and sinking of high-quality resources to improve the level of medical services in hospitals at all levels; and developing a third-party negotiation mechanism for medical disputes to reduce the cost of medical litigation.

DELEGATION OF MEDICAL ACTION AUTHORITY OF DOCTORS TO NURSES IN HEALTH SERVICES IN EMERGENCY DEPARTMENTS: EMPIRICAL LEGAL

Purpose: This study aims to analyze the implementation of the delegation of authority of medical actions of doctors to nurses in the emergency department and explore the legal responsibility of the delegation of authority of medical actions of doctors to nurses in the emergency department in Indonesia. Theoretical Fremework: Theoretically, this research is expected to contribute intellectually and academically to the enhancement of understanding of healthcare laws for healthcare practitioners, institutional leaders, and to provide a sense of security and protection in carrying out healthcare services functions to the community, especially in the provision of medical procedures at healthcare facilities. Additionally, it is expected to provide practical insights for the goverment, hospital directors, and health departments in order to improve healthcare services to the public and ensure legal protection for healthcare workers in carrying out their professional duties. Method: The type of research method used is empirical legal research. Data primarily obtained from respondents using a list of questions (questionnaire) and direct interviews with the research object. In addition to that, it is also based on legal materials that are relevant to the discussion or problem being researched and other supplementary legal materials that can provide explanations. Results: The delegation of medical action authority from doctors to nurses in healthcare services at emergency rooms is regulated in Article 290 of Law Number 17 of 2023 concerning Health. Medical and healthcare services, consisting of both mandatory delegation. The scope of work delegated through partnership must be clearly and specifically defined in writing within the authority delegation letter and adjusted according to the level of competence of the nurse. The doctor as the delegator and the nurse as the recipient of medical authority there are also responsibilities of the hospital, as well as the central and local governments, especially in meeting the national needs for medical and healthcare personnel. In handling medical dispute cases, law enforcement agencies must prioritize the mechanism of restorative justice. If no agreement is reached, the dispute is then taken over by the professional disciplinary board under the Ministry of Health to determine whether there has been any violation of professional discipline by medical and healthcare personnel. Conclusions: 1) Delegation of authority for doctor’s medical actions to nurses in health services in emergency departments in Indonesia, regulated in Law No. 17 of 2023 concerning Health Article 290, Minister of Health Regulation No. 2052 of 2011 Article 23 and Minister of Health Decree No. HK.01.07-425 of 2020 concerning Nursing Professional Standards; 2) Responsibilities by doctors, nurses, and hospitals regarding the delegation of authority for doctors’ medical actions to nurses in health services in emergency departments must be carried out by laws.

THE CHALLENGES OF INVESTMENT ARBITRATION: SUCCESS OR FAILURE? A COMPARATIVE ANALYSIS OF INVESTMENT ARBITRATION IN NORTH MACEDONIA AND KOSOVO

Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes.

Discussing the Competition between Human Rights and Public Welfare in Urban Renewal from the Judicial Yuan Interpretation No. 709: Taking Local Urban Renewal Dispute Cases as an Example

Discussing the Competition between Human Rights and Public Welfare in Urban Renewal from the Judicial Yuan Interpretation No. 709: Taking Local Urban Renewal Dispute Cases as an Example

Explaining Enterprise Litigation Success with fsQCA: The Role of Local Economic Environment, Policy Preferences, Case Complexity, and Party Capability

Since the initiation of reforms and the opening-up policy in China, enterprises have played a pivotal role as a key pillar of local economic growth. Within the context of harmonious labor relations, the effective means of assisting enterprises in safeguarding their particular interests during labor disputes remains unresolved. Fuzzy-set qualitative comparative analysis (fsQCA) is able to capture a higher degree of complexity by testing theory-based conditions and environmental effects rather than focusing on a single effect of a single variable. Therefore, coming from a new institutionalist perspective, this study employed fsQCA to explore the causal relationships among factors including local economic environment, policy preferences, case complexity, party capability, and enterprise litigation success. Analyzing data from 28,685 labor dispute cases from Guangdong Province between 2015 and 2019, and utilizing enterprise data from the China Economic Information Network and the National Enterprise Credit Information Publicity System, we found that: (1) it is difficult for enterprises to succeed substantially in a single-antecedent condition; (2) There are four pathways to forming high enterprise victory, each involving different configurations of eight conditions; and (3) Judicial preference, employee legal representative, and enterprise legal representative are central elements in all aforementioned pathways, even if they are not necessary conditions for the success of high enterprises. The research results enrich our understanding of the current style of institutionalism, providing a valuable reference point for effectively improving the legal success of enterprises and improving the harmonious development of labor relations, with far-reaching implications for the further study of the judicial protection of enterprise rights under the socialist system.

Challenges Of The Industrial Relations Court In The Reform Era In Creating Fast, Accurate, Fair And Cheap Court

The Industrial Relations Court is a special court with absolute competence in dealing with industrial relations disputes arising from work relations between workers/laborers and employers. As the last resort in resolving employment conflicts if non-litigation channels fail, this court is expected to provide a fast, precise, fair and inexpensive resolution process for the parties so that it becomes the best solution. However, in practice, the existence of the industrial relations court has not fully become a mechanism that can realize the urgency of the court's existence since its inception. Various obstacles often arise and are even unavoidable in relation to the substance and mechanisms that hinder the realization of the initial intention of establishing the overarching law, namely Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. This research explains the various challenges faced by the Industrial Relations Court since its formation until the post-reform period. The research method of implementing literature studies and the type of research is normative law by compiling and reviewing various normative provisions regarding industrial relations courts and problems in their application. Industrial relations courts face various challenges related to their substance and mechanisms, for example when they are at the decision implementation stage, it is quite difficult to carry out the execution because they are guided by the execution procedures in civil courts which are quite expensive and time consuming. Meanwhile, industrial relations issues are ideally oriented towards fast processes and low costs. On the other hand, from the data on registered dispute cases, the worker/laborer mostly acts as a plaintiff, meaning that even if the plaintiff in this case wins, the court decision is not yet able to fully grant the worker/laborer their maximum rights.

Resolution of Land Disputes Through Mediation

This study delves into mediation as a means of dispute resolution, particularly outside the courtroom, contrasting with the prevalent use of courts, especially in land dispute cases. It highlights mediation as a direct process with enduring positive effects, aiming to achieve peace and mutually beneficial solutions while ensuring no party is harmed. The resulting agreement from mediation holds legal weight and is considered final, bolstered by a peace agreement signed between the involved parties and the mediator. The study aims to evaluate the efficacy of mediation as a conflict resolution tool outside the courtroom, culminating in a documented agreement. Employing normative legal research methods with a statutory approach, the study meticulously examines all relevant laws and regulations. Data collection utilizes literature review methods, providing a comprehensive reference base to support research on the role of mediators in dispute resolution. The gathered information is systematically compiled and analyzed using descriptive methods. In conclusion, mediation has demonstrated its effectiveness as an alternative to court proceedings in settling disputes. The mediator, acting as a facilitator, helps the parties reach an agreement. The outcomes of mediation, documented in the peace agreement, are registered in court, providing legal validity and conclusiveness to the agreed-upon terms.