Dispute Cases Research Articles

Interpretasi Hakim dalam Menyelesaikan Sengketa Pelanggaran Myanmar terhadap Konvensi Genosida

Introductioan: A case of international dispute between Gambia and Myanmar where both countries have ratified the Convention on The Prevention of The Crime of Genocide.Purposes of the Research: The purpose of the research is to identify the legal standing of the parties, analyze the judges’ interpretation of the dispute, and propose potential approaches to resolve this case.Methods of the Research: This research uses a qualitative approach to understand the issue under study, with legal analysis methods to evaluate legal aspects and case studies of Gambia vs. Myanmar.Results of the Research: Legal standing is important. With recognition as a legal subject and participation in international agreements. Then it can claim rights and demand obligations based on international law. In this paper, there are three relevant approaches that judges can use in resolving such dispute, namely geographical, political and humanitarian approaches. When the three are combined, it will enrich the legal analysis and possibly find the best solution for all international communities.

Juridical Study of the Settlement of Land Dispute Case of Laba Pura Bukit Jati in Bangli Regency

Based on this theory, the Laba Pura area is the Kanista Mandala Pura, or the temple grounds outside the temple itself. The focus of this research is to conduct a thorough investigation of the land dispute in Bukit Jati Temple, Bangli Regency. Therefore, it is expected that Pengempon Pura is able to manage Pura Profits creatively in order to help maintain a harmonious balance in temple operations. Normative legal research is the research methodology used in this thesis. People easily divert Pura Profit land because they consider it as ordinary land, just like other agricultural properties. Efforts to preserve customary land must be watched by the government and temple owners, therefore Laba Pura land or also known as Pelaba Pura land needs legal protection. Legal certainty usually views the trustworthiness of the transfer of land rights in Laba Pura as equivalent to the transfer of land ownership rights.

Land Tenure Reforms in the Area of Leskovac after the Treaty of Berlin (1878–1882)

After the Treaty of Berlin (1878), the area of Leskovac became a part of Serbia. With the fall of the Ottoman empire, the Muslim population also departed leaving their properties. Abandoned lands were taken by the local Christians, who had been in feudal relationships with previous owners. The article follows the politics of the Serbian government regarding the issues of ownership and compensation to Muslim landowners. Furthermore, concrete cases of land possession legal disputes between local Serbs and the former proprietors will be presented. The research compares different political and social structures before and after the Treaty of Berlin. Also, it points out the peasants' new economic situation after the liberation from the feudal system. Analysing the unpublished and published documents, with the help of periodicals and literature, the article provides the new insights and views into the studies of the rural history of Serbia and Southeastern Europe in the 19th century

Intelligent identification of risks in construction contract clauses based on semantic reasoning

Purpose The number of construction dispute cases has surged in recent years. The effective exploration and management of risks associated with construction contracts helps to directly enhance the overall project performance. The existing approaches to identify the risks associated with construction project contracts have a heavy reliance on manual review techniques, which are inefficient and highly restricted by personnel experience. The existing intelligent approaches only work for the contract query and storage. Hence, it is necessary to improve the intelligence level for contract risk management. This study aims to propose a novel method for the intelligent identification of risks in construction contract clauses based on natural language processing.Design/methodology/approach This proposed method can formalize the linguistic logic and semantic information of contract clauses into multiple triples and transform the structural processing results of general clauses in a construction contract into rights and interests rules for risk review. In addition, the core semantic information of special clauses in a construction contract, rights and interests rules are used for semantic conflict detection. Finally, this study achieves the intelligent risk identification of construction contract clauses.Findings The method is verified by selecting several construction contracts that had been applied in engineering contracting as a corpus. The results showed a high level of accuracy and applicability of the proposed method.Originality/value This novel method can identify the risks in contract clauses with complex syntactic structures and realize rule extension according to the semantic relation network of the ontology. It can support efficient contract review and assist the decision-making process in contract risk management.

The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.

Legislative Legal Politics of Inheritance Law in Indonesia

This article is the result of research on the legal politics of inheritance law legislation in Indonesia. This study employs normative research methods, focusing on literature review and legal documents to understand the principles and regulations in force. Through the approach of case analysis, legislative analysis, and an examination of legal politics in Indonesia, the research delves into the relevant aspects. Data analysis was used to identify and understand legal norms related to inheritance distribution within the systems of customary law, Islamic law, and civil law in Indonesia. The research findings indicate that there are still many cases of inheritance disputes in Indonesia due to the ongoing discrepancies between Islamic law and customary law, civil law and Islamic law, as well as customary law and Islamic law, which leads to conflict. This can be observed through the increasing number of cases submitted regarding inheritance disputes, whether in religious courts, district courts, or handled through customary law mechanisms in Indonesia each year. However, civil law can be considered an alternative in addressing inheritance law issues in Indonesia. This is evident in the civil inheritance distribution system, which is considered fair, without discrimination between men and women

Royalty rate determination in standard essential patent litigation in China - from regional rate to global rate

Standard essential patent (SEP)-related disputes frequently involve parallel litigation cases in various jurisdictions in the world. With the rapid advancement of the telecommunication industry, Chinese companies are more and more embroiled in such global dispute, particularly with the issue of fair, reasonable, and non-discriminatory (FRAND) rate determination by the courts. Chinese courts are actively asserting jurisdiction over global FRAND disputes. It is important to note that within the framework of Chinese court practice, the court should further improve its trial procedures to ensure that parties have reasonable expectations regarding rate determination result on the merits and the procedural due process. This article reviews the judicial practice in China regarding the cases of FRAND rate dispute, summarizing the characteristics and recent development in the court practice. The article outlines how Chinese courts apply comparable license and top-down approach to calculate the FRAND rate. Notably, Chinese courts have taken a more flexible and pragmatic approach when addressing this issue, tailoring their decisions based on the circumstances in individual case. Additionally, it discusses the possibility of Article 24 in the Judicial Interpretation II as the legal basis for determining the global FRAND rate, as well as how the requirement for good-faith negotiation is interpreted by the court and whether the regional discount is reasonable in the context of the global FRAND rate. Consequently, the article argues that the courts should consider harmonizing its practice with prevailing norms in international jurisdictions. Several recommendations for optimizing the trial procedure also proposed, thereby ensuring scientific rigor and transparency of the rate calculation.

Language Barriers Impact on Trade Disputes: Evidence from the WTO Trade Disputes Cases

This study examines the impact of language barriers on trade disputes using a panel data set of 129 countries and 565 trade dispute cases from the World Trade Organization (WTO) spanning the years 1995 to 2018. The language barrier index is employed as a metric to assess the extent of language barriers between trade nations, while the panel probit model is utilized for conducting the empirical analysis. The empirical evidence indicates that language barriers exert a substantial and favorable impact on trade disputes. Language obstacles in trading countries have been found to heighten the probability of trade disputes, indicating that language barriers contribute to increase trade costs and hamper bilateral trade relations. Moreover, the Armington model is employed to elucidate the theoretical aspects of the impact of language barriers on trade disputes, with trade costs serving as the mediating factor. The findings of the study also validated the notion that linguistic barriers contribute to an elevated likelihood of trade disputes. This research study presents empirical findings regarding the influence of linguistic barriers on trade disputes. Additional investigation can be undertaken to examine the impact of language competency on trade disputes, given the substantial role that language plays in the realm of international trade.

Transfer of a Case Accepted for Processing to Another Court: Theoretical and Applied Problems

Introduction: in practice, there are numerous problems associated with the application of the mechanism for transferring a case accepted by the court for its processing to another court. In particular, the lack of a legal definition of the concept of “dispute over jurisdiction” leads to difficulties in identifying and resolving these disputes. In general, the legislation on jurisdiction on this issue is characterized by low detail in legal regulation, which leads to legal gaps and difficulties in applying the relevant legal norms. The purpose of the study is to analyze the problems of transferring a case to another court and to find ways to solve them within the framework of civil and arbitration proceedings. Methods: formal-legal and hermeneutical methods were used in the research process. Results: the paper analyzes the issue of the possibility of transferring a case to another court if the case has been received more recently from another court. The issue of the possibility of transferring the case to the court, which more recently returned the statement of claim on the grounds of non-jurisdiction, is also being investigated. In addition, the questions about the admissibility of transferring a case under jurisdiction more than once in the event of replacing an improper defendant are analyzed. Conclusions: in order to achieve the purpose of the study, a definition of the concept of “dispute over jurisdiction” has been formulated. The author suggests approaches concerning the differentiation of cases of disputes over jurisdiction from cases when such disputes do not arise. It is proposed to exclude from the number of situations involving a dispute over jurisdiction the transfer of a case to another court from which the mentioned case has not been received, as well as the re-transfer of the case after the substitution of an improper defendant.

Sosialisasi Hukum Agraria (Pertanahan) Kepada Masyarakat Dusun Giyasan dan Kawungon Desa Bumirejo Kecamatan Mungkid

Agrarian law is a set of regulations, one of which regulates land registration. Land registration is important to be socialized, the socialization carried out at the Bumirejo Village Hall aims to enable the people of Bumirejo Village to increase their knowledge of the importance of land legality. After observing that there are still many people in Bumirejo Village who do not understand land matters so that quite a few residents experience cases of land disputes, it is very important to carry out socialization of agrarian law. So that through this socialization, parties experiencing land disputes can gain legal certainty and a sense of justice in resolving the problems they are facing. Then this socialization was carried out face-to-face by bringing in speakers from Tidar University Law Lecturers who discussed the legality of land, how to resolve land disputes, and the stages of submitting land disputes. The results of the socialization made the people of Bumirejo Village understand the importance of awareness of land law which can be used to socialize and become citizens who always obey the regulations in force in Indonesia.

Settlement of Grant Disputes in the Perspective of Islamic Law (Analysis of Decision Number: 48/Pdt.Sus/2011 About Cancellation of Grant)

In recent decades, grant disputes have attracted considerable attention because the decisions often present debates and the decisions concluded need to reach decisions that are just and in accordance with applicable legal principles. This article will analyse Decision Number: 48/Pdt.Sus/2011 on grant cancellation. The method used in this research uses a normative juridical approach method by examining the results of the decision. This research aims to understand how Islamic law is applied in grant dispute cases, particularly in the context of grant cancellation between parents and their children. Through this case study, the legal bases used by the court were analysed, including the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES). This study found that the court's decision refers to Article 212 of the KHI and Article 712 of the KHES which stipulates that the grantor can withdraw the grant after the handover has been carried out on the condition that the recipient agrees to it, this provision does not apply to grants from parents to their children. Grants from parents to their children can be withdrawn as long as the child is still alive, according to article 714 paragraph (2) KHI.

How to Use Evidence Rules Reasonably to Resolve Land Disputes: Analysis of Typical Land Dispute Cases from China

How to Use Evidence Rules Reasonably to Resolve Land Disputes: Analysis of Typical Land Dispute Cases from China

"MAMA PAPA PLEASE HEAR ME": THE PARTICIPATION OF CHILDREN IN CHILD CUSTODY MEDIATION IN THE SYARIAH COURTS OF MALAYSIA

The laws in Malaysia uphold the rights of children to participate in family law proceedings, particularly in custody disputes. However, with regard to the practice of mediation (sulh) in child custody disputes, the specific legislation that highlights measures to obtain the views of children is still vague. This paper will discuss the practice of children’s participation during mediation (sulh) in child custody disputes. The study reported in this paper has also highlighted the challenges and the adequacy of legal provisions on the practice of children’s participation during mediation (sulh). The present qualitative study has adopted a library-based research method to collect information, data, and theories from selected materials, including journal articles, textbooks, statutes, and interview methods. It also discussed how children were engaged in court-directed mediation proceedings in the Syariah Court of Malaysia. It has also examined the practice of the Syariah court in accepting the voice of children in mediation regarding decision-making in child custody dispute cases. The examination focused on the relevant legislations and policies relating to children participating in mediation in the context of international legal provisions and Syariah laws. The paper further discussed the analysis of whether the rules and procedures in Malaysia are adequate to sustain children’s participation during mediation. The data were also gathered from interviews conducted with mediators or sulh officers. Finally, the study revealed that interviewing children during sulh sessions at the Syariah Court is common even though there are no clear regulations on the practice. It is suggested that a broader interpretation of the current legislation on the voice of children enables the legality of the practice of accepting children’s voices during the Majlis Sulh. Furthermore, it is recommended that a proper standard operating procedure (SOP) for obtaining children’s views during the mediation (sulh) process is also needed.

Political Legal Dissenting Opinion Ruling in the Dispute Cases on the Results of the 2024 Presidential General Election by Constitutional Judges

Political Legal Dissenting Opinion Ruling in the Dispute Cases on the Results of the 2024 Presidential General Election by Constitutional Judges

The Role of Mediation in Land Dispute Resolution: Effectiveness and Challenges

Land disputes are one of the most common types of conflict in Indonesia, given that land has a very high economic, social and cultural value. As development and land use changes increase, disputes over ownership, boundaries, and land use rights are increasingly common. Mediation as an alternative to out-of-court dispute resolution has been recognised as a faster, cheaper and more efficient method of resolving often complex and sensitive land conflicts. This study analyses the various factors that influence the success of mediation in land dispute cases, including the role of the mediator, legal support, as well as the readiness of the parties involved. The results show that mediation can be an effective tool for resolving land disputes, especially when supported by competent mediators and a strong desire from the parties to reach an agreement. However, the research also identified a number of challenges, such as the power imbalance between the parties, the lack of understanding of the mediation process, as well as limitations in the implementation of mediation outcomes. Thus, while mediation offers great potential in land dispute resolution, further efforts are needed to overcome these obstacles in order for mediation to function optimally in the context of agrarian law in Indonesia.

ANALISIS YURIDIS PERGANTIAN NAZHIR OLEH WAKIF PADA PUTUSAN PENGADILAN AGAMA NOMOR 0168/Pdt.6/2018/PA.Pyk

This paper examines the juridical analysis of the change of nazhir conducted by the wakif in the decision of the Payakumbuh Religious Court Number 0168/Pdt.6/2018/PA. Pyk between the Suliki Kewedanan Organization as the plaintiff and the Amanah Islamic Education Foundation as the defendant. The author wants to analyze juridically the change of nazhir carried out by the wakif contained in the court decision, whether it is in accordance with positive law and Islamic law or not. This research is included in the scope of legal research with the primary data source being the Religious Court Decision Number 0168/Pdt.6/2018/PA. Pyk and the results of interviews with the panel of judges who decided the case. The results showed that the case of the waqf dispute was related to the change of nazhir carried out by the wakif and the heirs of the wakif because the previous nazhir did not carry out its functions and duties to manage waqf. The judge's consideration that decided this case included that the Organization was proven not to carry out its duties as a nazhir, the mechanism for changing nazhirs was in accordance with applicable regulations, and nazhir was an organization that was not clear about its AD / ART so it was considered an illegal organization. In terms of Positive Law, the judge's decision cannot be fully justified because some are in line with Law No. 41 of 2004 and BWI regulations and some are not. The decision that is in line with positive law is to reject the plaintiff's claim that the waqf land and its assets are handed back under the management of PWKS because the organization did not carry out the conditions conveyed by the wakif when the waqf pledge occurred. While the inappropriate verdict is the process of changing nazhir which must go through BWI. In terms of Islamic Law, this ruling is appropriate, because a nazhir who cannot perform his duties may be dismissed by the wakif who chooses him, because the wakif has the authority to choose and replace the nazhir he appointed.

An Empirical Study on the Judicial Regulation of Unfair Competition in Data Scraping Behavior

Currently, China's data-related legislation is still in the initial stage of gradual exploration. Due to the unfair competition disputes involving data capture with a variety of data types, complex technical means, capture behavior hidden and other characteristics, resulting in the judge in the trial of data capture cases mostly choose to apply the general provisions of the “Anti-Unfair Competition Law”, that is, the second article to be adjudicated, which makes the data capture behavior of the cases arising from the dispute is more and more, the data capture behavior whether it constitutes unfair competition, This has led to an increasing number of cases and disputes arising from data-scraping behavior. Therefore, this paper takes the data capture behavior as the research object, takes some typical cases as examples, discusses the adjudication results and thoughts of the cases, and in the process, finds that in the judicial practice of such dispute cases, there exists the difference of the applicable law, the judgment standard of the legitimacy of the data capture behavior is not clear, and the understanding of the damages caused by the unfair competition behavior of the data capture is not the same, and other problems. In view of this, in judicial practice, Article 2 and Article 12 should be clearly applied, and importance should be attached to the criteria for judging the legitimacy of data capture; finally, through the theory of balance of interests and the principle of proportionality, the interests of data platforms, consumer interests and public interests of the society involved in data capture should be taken into consideration, thus realizing the balance of interests of multiple parties, and achieving the balance between data protection and data flow through dynamic justice.

On the Civil Legal Issues of ‘Haunted House’ Sales Contract - Take Peng Qian et al. and Chen Yuanhui et al. House Sales Contract Dispute Case as an Example

As a vital transaction in daily life, house sale is not only related to the property rights and interests of buyers and sellers, but also carries the peace and happiness of the family. However, when the target house of the transaction is labeled as a ‘haunted house’ -that is, there have been incidents such as suicide and homicide in the house, it often causes the buyers and sellers to fall into deep disputes and troubles. ‘Haunted house’ is not a legal concept, but it carries deep folk traditional concepts and psychological shadows, which has a significant impact on the purchaser’s willingness to live and the market value of the house. The research on the civil legal disputes of the sale contract of ‘haunted house’ is inevitable and necessary in practice. Taking Peng Qian et al. and Chen Yuanhui’s housing sales contract dispute as an example, this paper discusses the civil legal issues in the ‘haunted house’ sales contract, and clarifies the definition of ‘haunted house’ and its legal attributes as a defect of the object in combination with the research status at home and abroad, relevant legal provisions and scholars' views. At the same time, it is of practical significance to analyze the relief ways that victims can take in combination with the information disclosure obligations of sellers and intermediaries. FundingThis research was funded by Guangdong Province Science and Technology Innovation Strategy Special Fund ( College Students ' Science and Technology Innovation and Innovation Cultivation ), grant number Pdjh2024a073 and South China Agricultural University 2024 College Students ' Innovative Training Program Project, grant number S202410564128.

The South China Sea Dispute and Regional Response

Background: Beginning in December 2013, the South China Sea dispute has emerged as a complex and highly contested issue with significant implications for regional stability in East and Southeast Asia. The Chinese military began constructing artificial islands anchored by seven coral atolls in the Spratly Islands until it had created land that it then claimed in October 2015. The construction is over 3000 acres and houses military equipment (anti-aircraft and anti-missile systems) and personnel for the People's Republic of China. Objective: From a realist perspective, the dispute reflects a struggle for power and influence among claimant states, driven by their desire to secure regional strategic interests. Neighbouring countries, recognising the implications of China's rise as a significant power, have responded mainly by using soft realist methods to accommodate or counter China's growing influence in a collective setting. This paper explores the geopolitical implications of the dispute and how other powers have chosen to engage with China and other regional actors. Methods: This article is a case study. The article analyses the case of the South China Sea dispute since 2000 through a realist lens. It first explains the lens and its focal points. Then, it examines the different facets of the dispute through this lens: economic interests, national security concerns, domestic and regional politics, and historical issues. The focus is on analysing China and ASEAN member-states as the primary parties to the conflict. Results: This lens provides valuable insights into the power struggles, self-interest, and security concerns that underlie the conflict. This paper provides a comprehensive understanding of its multifaceted nature by critically examining the dispute's territorial claims, legal frameworks, and historical context. It also explores the geopolitical implications and the involvement of major regional powers. Liberal solutions have largely failed, while more minor actors have cooperated on limited terms when their interests intersect using soft realist diplomacy and collective action within international arenas. Conclusion: The dispute has unveiled the limits of international diplomatic efforts brokered by organisations such as ASEAN to address aggressive behaviour consistently. Small and medium states are largely constrained from directly confronting China, have accommodated China, used international forums to advance power positions and prestige, and cooperated on other issues to indirectly address the dispute.

Research on the Manifestation and Formation Mechanism of New Characteristics of Land Disputes: Evidence from the Yangtze River Economic Belt, China

Land disputes have significantly disrupted legal order, production, and social harmony, and has been regarded as a quintessential challenge in public governance, attracting worldwide attentions from scholars. As an emblematic feature of China’s latest reform and opening-up strategy, the Yangtze River Economic Belt (YREB) in China has experienced rapid development after entering the new era (2012–2021) alongside substantial risks and challenges, particularly regarding land disputes. Better understanding of the manifestation and formation mechanism of new characteristics of land disputes is beneficial for contemporary public governance and for achieving a high-quality development of the YREB, whose Gross Domestic Product (GDP) accounted for 46.3% of the national GDP in 2023. A total of 325,105 land dispute cases in 11 provinces or municipalities of the YREB from 2012 to 2021 were collected and analyzed. On this basis, an evaluation index system of the new characteristics of land disputes, named the overall land dispute (OLD) index, was constructed according to measurement theory by coupling the interactions of quantity, claim amounts, duration periods, and the appeal rate of land dispute. Then, the OLD index was evaluated by descriptive statistical methods, a geographic information system (GIS) spatial analysis, a center of gravity model, kernel density estimation, and Theil index methods, to reveal the new characteristics and formation mechanisms of land disputes in the YREB from 2012 to 2021. The results indicated that: (1) The OLD index exhibited a trend of an initial increase followed by a decline, indicating that land disputes in the YREB showed signs of alleviation. (2) The government’s capacity for resolving land disputes was significantly improved, as evidenced by the decline in the OLD index from 0.59 in 2018 to 0.51 in 2021. This improvement could be attributed to the effectiveness of enhanced governmental working mechanisms, regulatory standards, and the integration of digital technologies. (3) The analysis of the center of gravity model indicated that the focus of land disputes shifted westward, propelled by national policy support for upstream regions of the YREB and the need for land ecological protection. (4) The analysis of kernel density estimation indicated that regional disparities in land disputes within the YREB had declined, driven by a positive trend toward balanced regional development and rural governance. This study provides scientific insights into the new characteristics of land disputes in the YREB and guidance for policy decision making on effective land dispute management.