Dispute Processing Research Articles

Comparison of Consumer Protection Laws Between Indonesia, the Philippines, and South Korea in Achieving Justice

Introduction: Consumer protection is an important aspect as a global phenomenon and is practically implemented by various countries in the world.Purpose of the Research: This research aims to describe the development of consumer protection regulations in Indonesia and to compare consumer protection between Indonesia, the Philippines and South Korea in realizing justice.Method of Research: Normative legal research by prioritizing comparative, conceptual and statutory approaches.Results of Research: The development of consumer protection regulations in Indonesia after the passing of the consumer protection law has actually facilitated the existence of consumer rights which are applied proportionally to consumer obligations. Even so, the practice of developments over time and technology also actually requires changes to consumer protection laws. In efforts to realize justice for consumers by referring to the consumer protection arrangements carried out by the Philippines and South Korea, Indonesia needs to optimize effective and substantive consumer complaint procedures as in the Philippines, including also referring to consumer protection practices carried out by South Korea by providing integrated legal assistance. for consumers in the consumer dispute process, both legal assistance in the form of consultations and legal assistance services in the form of lawyers for consumers.

Forum-shopping and shopping forums in Indian purse seine fisheries – an analysis of the upper ranges of a sociolegal law process

This paper enquires into the dispute resolution process of an important marine fishery in Tamil Nadu, India, in the current era. It makes use of insights drawn from Benda-Beckmann’s seminal paper (1981) that introduced the conceptual dyad “forum-shopping” and “shopping forums” to the sociolegal field of studies. While Benda-Beckmann focuses on dispute processing at the village level, this paper highlights the process whereby local disputes are introduced first to the Madras High Court and subsequently to the Supreme Court of India. An analysis of court materials, supplemented with ethnographic interviews, throws light on prevailing discourses that are argued to contain distinctive combinations of environmental, developmental, and distributive arguments. The paper argues that Benda-Beckmann’s contributions are multi-layered and continue to inspire contemporary scholars interested in legal pluralism. While Indian disputants’ shopping activity has changed to include higher state courts, the forums thus examined prove to actively engage in shopping for cases and for arguments.

The Implementation of Actio Pauliana Creditor Law Bankruptcy Boedel Dispute Process to Achieve Substantive Justice

This Actio pauliana is actually a lawsuit that substantively attempts to confirm that the debtor's legal actions are declared legally invalid if they harm the creditor. In bankruptcy law, actio pauliana is an important instrument so that substantive justice, especially for creditors, can be implemented optimally. This research aims to analyze the substantive justice aspects of actio pauliana in the field of bankruptcy law. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the essence of actio pauliana in bankruptcy disputes is viewed from the aspect of substantive justice, namely that it is aimed at protecting creditor rights, especially when there are debtor legal actions that can harm creditors. Apart from that, Actio Pauliana also emphasizes the restitutive aspect as per the substantive justice concept, namely being able to declare the debtor's actions to have no legal force if the action is detrimental to the debtor and reduces the number of bankruptcy debts as has been determined. In its development, the actio pauliana lawsuit in bankruptcy actually represents the fairness aspect as a manifestation of substantive justice so that in the future the actio pauliana lawsuit will not only represent factual losses, but also include potential losses that directly harm creditors and can be proven fairly and properly

Arbitration System in Commercial Disputes in Pakistan and Enforcement of Foreign Awards

Arbitration, as a means of resolving commercial disputes, plays a pivotal role in Pakistan's legal landscape. This article provides an in-depth exploration of Pakistan's arbitration system concerning commercial disputes and the mechanism for the enforcement of foreign awards within the country. The introduction presents an overview of arbitration as a preferred method for resolving commercial conflicts and emphasizes its significance in Pakistan's legal framework. It outlines the specific focus of the article on Pakistan's arbitration system and the crucial aspect of enforcing foreign awards within the country's jurisdiction. The article delves into Pakistan's Arbitration Act of 1940 and subsequent amendments, elucidating the core provisions governing arbitration proceedings. It examines the statutory mechanisms guiding the recognition and enforcement of arbitral awards, emphasizing the legal foundation for arbitration in Pakistan. Detailing the arbitration process in commercial disputes, the article delineates the procedural aspects, practices, and challenges encountered within Pakistan's arbitration system. It provides insights into the advantages of arbitration over litigation and assesses its efficacy in addressing commercial disputes. Focusing on the enforcement of foreign arbitral awards, the article expounds upon Pakistan's legal framework for recognizing and enforcing awards rendered in foreign jurisdictions. It discusses the procedural intricacies involved in seeking enforcement within Pakistan's courts. Highlighting the challenges impeding the enforcement of foreign awards, the article addresses issues such as grounds for refusal and judicial interpretation. It proposes potential reforms and solutions aimed at enhancing the enforcement mechanism, aligning it with international standards. The article summarizes Pakistan's arbitration system in commercial disputes and the enforcement process for foreign awards. It underscores the implications of an efficient arbitration regime and offers suggestions for future reforms and research directions to fortify Pakistan's arbitration landscape.

갈등 중재의 공적 리더십을 향한 온정적 시선 -문헌 송사설화에 나타난 법리(法理)와 정리(情理)의 문제-


 The study looks into the perception of intellectuals by focusing on public leadership for conflict mediation and the narrator’s views as described in literature related to legal folktales, also known as 訟事說話 (folktales dealing with trial processes). These folktales depict not only the trial processes of civil or criminal cases but also the complete case-solving process from the initiation of disputes to the investigation process and the final verdict related to the general administrative tasks of local officials.
 In the legal folktales written in literature, a diverse panorama of human lives unfolds, and the views of narrators consistently are biased. They prioritize Confucian ideology as an absolute value, unilaterally force a patriarchal societal order, and take it for granted to approve the class superiority of the nobility and to sacrifice individuals within family or kinship communities over individual self-realization in the public area.
 The narrators representing the consciousness of noblemen maintain distorted and biased perspectives towards lower social classes and women. The narrators who depicted the manifestation process of public leadership mediating various conflicts attentively observed the wisdom and judgments of several judges and consistently evaluated based on the values held by noblemen. They assessed the trial processes from their subjective standpoint but showed indifference to the impacts on the common people. They exclusively worried about a collapse of the communal order set by the nobility while ignoring the suffering of the socially disadvantaged who suffocated under such a stringent social order.
 The narrators evaluated the judges’ decisions by focusing on the defense of the social order that noblemen aspire to. At that time, those who read literary tales were all nobles with proficiency in Chinese like the writers. Those who read the literary tales in the Joseon Dynasty identified their social homogeneity as nobles while solidifying it.
 Reflecting on the literary utility of reading legal folktales, training for empathy to see from another’s perspective is the purpose of reading literature. In the legal scenes illustrated in legal folktales, there are plaintiffs and defendants, judges, and mediators as well as narrators who consistently observe and narrate. Readers can have an opportunity to interpret the ongoing dispute process from various angles through the perspectives of these diverse characters. Those who read also contemplate the fairest judgment, putting themselves in the shoes of a mediator. This process demands legal folktale readers for psychological tasks of empathy and self-reflection towards others. At that moment, moral imagination is required.

PROPORTIONALITIES OF JUDGE'S DECISIONS ON THE POSITION OF CONCURRENT CREDITORS AS AN EFFORT TO ENFORCEMENT OF LEGAL CERTAINTY OF THE PARTIES IN BANKRUPTCY DISPUTES

<em>Bankruptcy which is a condition in which the debtor is unable to make payments on his debts to creditors. In the dispute process, there is a sequence of creditor levels which will affect the settlement of creditor receivables, namely preferential, separatist and concurrent creditors. Concurrent creditors who are at the last level make their position very vulnerable to not getting their receivables repaid. This requires further research in this regard. This study uses a normative legal method which will analyze legal sources and legal literature related to the topics discussed. This research will discuss 1) what is the position of concurrent creditors in bankruptcy disputes and 2) how is the proportionality of the judge's decision on the position of concurrent creditors in bankruptcy disputes as an effort to enforce the legal certainty of the parties? The results of this study indicate that the position of concurrent creditors in bankruptcy disputes is that creditors are the most recent in paying off their receivables. Then the proportionality of the judge's decision on concurrent creditors is given to the supervisory judge as the party who has the authority to distribute the proceeds from the sale of the bankrupt debtor's assets. Concurrent creditors will receive results based on Article 189 Paragraph (3) Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Suspension Obligations.</em>

A study on the evolutionary model of legal disputes based on fractal theory

Abstract In this paper, a legal dispute mediation game model is constructed based on fractal theory, characterized by self-similarity properties in disputes. Secondly, the legal dispute evolution game model is constructed, the dynamic differential equation of frequency or frequency is used, and an adaptive degree dispute evolution stabilization strategy (ESS) is proposed according to the evolution principle. Finally, the simulation and analysis of the dispute evolution game model are carried out with the medical-patient dispute as an example. The results show that when D<0 takes the values of −4 and -2, both sides of the doctor-patient dispute will rapidly move toward the norm and form a benign evolutionary trend. When D>0 takes the values of 2 and 4, the two sides of the doctor-patient dispute will rapidly gather toward the challenge and form a vicious evolutionary trend. The study of this paper helps to understand the evolutionary process of legal disputes better and provides a reference for resolving disputes.

Role of Traditional Leaders in Zimbabwe in Consolidating Peace

The study endeavours to examine the role of chiefs, headmen, and Sabhuku in managing political conflict for national peacebuilding in Zimbabwe. Traditionally, conflicts were resolved by a council of chiefs, Sabhuku, and headmen. Chiefs, Headmen, and Sabhuku have long been active in mediation by balancing the process of mediation and tribal disputes, and in some cases have led in restoring peace and reconciliation endeavors. Traditional leaders have historically played significant roles in Zimbabwean society and their involvement in consolidating peace has been crucial. Traditional leaders in African indigenous tribes especially in Zimbabwe have been involved in dispute resolution for many decades. However, compared to work in the field of formal conflict resolution, their contributions to conflict resolution have not been as well documented. Data was collected through semi-structured interviews. 20 key informants were purposefully sampled using a qualitative approach. A case study approach was employed with the use of interviews. Secondary data sources and desk reviews were also used in the study in order to supplement primary data from interviews. The qualitative method of data analysis called the thematic approach was used in this research. The findings also suggest that traditional leaders settled the majority of the issues by sitting down with the opposing parties and conversing with them to find a resolution to the conflicts. The study's findings indicate traditional leaders' impact on political conflict resolution and peacebuilding procedures. The majority of the participants in this study had experience with local conflicts and have understanding of traditional practices. The study concludes that Chiefs, Headmans, and Sabhukus shape the processes of political conflict resolution and peacebuilding in Zimbabwe.

Impact of early access to land record information through digitization: Evidence from Alternate Dispute Resolution Data in Punjab, Pakistan

We leverage novel data extracted from weekly updated registers of Alternate Dispute Resolution (ADR) centres to examine the impact of early access to land record information through digitization on dispute resolution outcomes in the Punjab province of Pakistan. Employing a quasi-experimental design, we estimate the causal effect of early access to Punjab Land Record Management Information System (PLRMIS) on the registration and resolution process of land-related disputes. Our results reveal that ADR centres in districts with early treatment experience an average increase of approximately 50 cases compared to those in districts with late treatment. By utilizing generalized multi-level mixed effect and two-stage least square models, we find that early implementation of PLRMIS significantly increases successful mediation outcomes by 126 cases in the treatment region with no effect on mediation failure cases. These findings provide compelling evidence for the pivotal role of PLRMIS in facilitating effective alternate dispute resolution, indicating increased public utilization of the system. Our results underscore the effectiveness of digitization and e-governance systems in improving land administration, reducing information asymmetry, and expediting the dispute resolution process.

Social theory and overinterpretation

ABSTRACT Theory is the use of abstraction in the pursuit of understanding. In the human sciences, theory is a talmudic process of reading and conceptual dispute that carries the colligation of evidentiary signs (minimal interpretation) towards riskier, but more insightful and widely relevant, interpretations of the meanings, causes, and significance of human events (maximal interpretation). Yet, in making possible such maximal interpretations of society, politics, literature, and so forth, theory also introduces the possibility of overinterpreting evidence. Judgments that overinterpretation has occurred are made collectively within communities of inquiry. After developing Umberto Eco’s theory of overinterpretation as part of a hermeneutic-semiotic account of theory in the human sciences, this paper conducts a case study of the rise and partial fall of the Marxist interpretation of the French Revolution. This reveals aspects of the process whereby patterns of maximal interpretation, carried through several academic generations, allow the development and refinement of knowledge and insight about an object of inquiry, on the one hand, and yet are subject to judgment as overinterpreted, on the other. Much more than a matter of falsification and/or the politics of intellectuals, the decline of the Marxist interpretation of the French Revolution involved a complex series of judgments about the degree to which an abstract theoretical terminology could continue to produce new and deeper understandings. In conclusion, the paper suggests that the talmudic aspect of social theory has affinities with the universal human capacity for thinking.

Conflicts in Roman Land Law in the Era of the Empire

The purpose of this study is to examine agriculture of the Ancient Rome from the point of view of the development of judicial proceedings in this branch. During the period of transition from the Republic to the Empire several systems of land surveying were formed in Rome, which contributed to the improvement of land management. In the centuriation system the categories of land ownership and possession were most clearly defined. The task of this study is to show how in land disputes (controversies) there was a change of the archaic legal procedure to the formulary one, characteristic of the preclassical period. However, it is the analysis of controversies that reveals the peculiarity of Roman agriculture, in which the archaic features in legal proceedings not only persist for a long time but also linger until the classical period of Ius Civile. Such controversies as “de loco”, “de fine”, “de proprietate” were conducted using the archaic verb litigo (including the classical period). But at the same time, in the pre-classical legal proceedings the verb “ago” was introduced into the process. Though the combination of features of the archaic and formulary processes complicated the judicial process in land disputes, nevertheless, it retained all the characteristics of the ancient land law which was also important in the classical period of Ius Civile.

Evolution and dueling dispute processing

Evolution and dueling dispute processing

Studi Yuridis Normatif Implementasi Regulasi Perselisihan Hubungan Industrial

The settlement process of industrial relations disputes in Indonesia includes a bipartite process up to the first court stage trial and cassation by means of prioritizing a fast, precise, fair, and cheap court process; however, in reality, the application could not be fulfilled in Indonesia. This writing aims to describe the renewal of labor law concerning the settlement process of industrial relations in determining labor relations in Indonesia. This study uses the normative juridical method tending to Legal Reform with a Law Renewal approach, which oriented a law theory to understand the aspect of Labor Law according to Indonesian Law. Secondary data was acquired from a library study. Along conclusion statement technique uses the deductive method. The optimum Settlement dispute process can be done with all parties to have the best outcome for all. It is advised to constitutional makers and related instances to accelerate the industrial relation settlement dispute process in order to optimize the result for both sides

Rapid Review of "No Surprise" Medical Billing in the United States: Stakeholder Perceptions and Challenges.

Surprise medical bills received after care delivery in both emergency and non-emergency situations for out-of-network (OON) or other contractual health plan regulations adds additional stress upon the care guarantor, most often the patient. The passing and continued implementation of the federal No Surprises Act (NSA) and related state-level legislation continues to influence the processes of care delivery in the United States. This rapid review evaluated the literature specific to surprise medical billing in the United States since the passing of the No Surprise Act, guided by the preferred reporting items for systematic reviews and meta-analyses (PRISMA) protocol. A total of 33 articles were reviewed by the research team and the results demonstrate industry stakeholder perceptions related to two primary industry themes (constructs) surrounding surprise billing: healthcare stakeholder perspectives and medical claim dispute (arbitration) processes. Further investigation identified sub-constructs for each: the practice of balance-billing patients for OON care and healthcare provider, and facility equitable reimbursement challenges (primary theme 1), and arbitration observations and challenges surrounding (a) the NSA medical dispute process, (b) state-level arbitration processes and perceptions, and (c) use of the Medicare fee schedule as a benchmark for arbitration decisions (primary theme 2). The results indicate the need for formative policy improvement initiatives to address the generation of surprise billing.

CONFLICTS OF MEDIA REPRESENTATION; COMPARING DOMINANT THEORETICAL PERSPECTIVES

Society develops through the process of struggles and disputes. The media serves as a platform for staging social conflict and struggle. Therefore, it is important to understand social developments through the many disputes that result in significant protests. Marxian perspective identifies social conflict as interaction with individuals and groups. The technological expansion enabled media to extend the interactions among individuals. Media constitutes ‘struggles over representation’ Shohat and Stam (2014) and ‘conflicts over identity Status’ Rousiley (2014), bringing out social and political issues before the public. These conflicts initiate debate over arguments among audiences. The article reviews various theoretical perspectives on the relationship between representation and identity in social conflict and what is the significance of media representation in the process. The proposed research recognizes a case and employs multiple theoretical perspectives to compare the results. Online news reports (N=100) of the Citizenship Amendment Act (Bill) protests were purposively selected as a case and evaluated using different theoretical frameworks. The researcher questions whether this conflict happened between majority and minority groups and what were the complementing factors for widespread protest across the country. The case study shows critical media literacy is a constructive, essential way with flexible practice in explaining the role of representation and identity in social conflicts for underprivileged groups. The study worries about the implication of critical media literacy as a citizen-centric practice, signifying more exploratory research.

Transfer Pricing Settlement in Indonesia: A Note for Tax Authority, Tax Court, and Taxpayers based on the Tax Court Decisions

Transfer pricing disputes have been quite high and have been considered as an important issue in taxation system in Indonesia. The high level of these disputes should be a common concern, especially to examine how the dispute process occurred and how to resolve it. This study aims to discuss the tax auditor, taxpayer, and tax court judge behavior’s prior to the transfer pricing issue and how to reduce the dispute. This study uses tax court decisions settled year 2015-2019 as the locus of the study. The research uses qualitative approach and qualitative method. The data was collected from the study documentation, literature review and interview to the key informants. The research shows that the increase of transfer pricing disputes might be caused by the aggressive tax audit behavior. This aggressive tax audit behavior resulted the less reliable audit finding that lead the taxpayer to submit the appeal to the tax court. Unfortunately, for many cases, the tax court decision seemed inconsistent. No certain indicators stated by the judges that a transaction has or has not satisfied the arm’s length principle. Thus, tax court decision could not sufficiently be considered as a reference for future potential case. With this phenomenon, the tax auditor needs to increase the competence and comply with the tax audit guideline. Similarly, the taxpayer also needs to fully disclose their transfer pricing documentation. Finally, the judges should improve their expertise on transfer pricing and follow the international business dynamics.

Construction and Application of International Commercial Dispute Resolution Mechanism Model

In specific judicial practice, the ODR mechanism has played an important role in the settlement of e-commerce disputes and network disputes. However, ODR is still in the exploratory stage in many aspects, and it is inevitable that there will be some problems. This article focuses on the A priori algorithm and frequent pattern growth algorithm in association with rule mining learning. The shortcomings of A priori algorithm and frequent pattern growth algorithm are described and researched accordingly, and an improved algorithm for learning A priori association rules based on matrix is proposed. By analyzing the international commercial dispute resolution mechanism in the Internet era, this article constructs an international commercial dispute resolution mechanism platform. By analyzing the process of disputes in foreign trade e-commerce transactions, this article proposes a method to automatically capture gateway dispute information through automated management system tools to improve the efficiency of the gateway. The algorithm in this paper scans the transaction database only once, and according to the matrix structure, it performs the logical AND operation of the row vector representing the data item in the matrix, and it learns frequent item sets quickly and accurately. The entire process effectively reduces the time consumption and space occupation required for frequent item set learning. According to the effective measurement method of the association rules, the effective association rules are extracted from the frequent item set. Through the realization of functions such as allocation, viewing, dispute handling, and statistics in the management tool, the progress and processing efficiency of the gateway dispute handling can be effectively managed. In addition, this article gives the dispute handling process of the website itself, adds the process of automatic completion of disputes by buyers and sellers through agreements, and improves the tools of the CS manual handling management system. The data results show that the method in this paper greatly improves the efficiency of handling disputes in foreign trade e-commerce transactions.

Death of a controversial tax

Learning outcomes Learning objectives are as follows: Analyze the reasons for the implementation of retrospective taxation by the Government of India; infer the dynamics of international tax laws and the settlement process of international taxation disputes; critically analyze the factors that led to the Indian Government’s decision to scrap the retrospective tax; and infer the relationship between a country’s taxation system and its potential to attract foreign direct investment. Case overview/synopsis This case is an analysis of the Indian Government’s decision to scrap the retrospective taxation amendment. The case discusses the underlying factors that led the incumbent government to take this sudden decision. The case discusses in detail the causes for the introduction of the retrospective taxation amendment and the tax terror unleashed by this draconian law. The case also discusses the embarrassment faced by the Indian Government because of a series of adverse decisions against it and in favor of Cairn Energy and Vodafone in the international courts. It also discusses the adverse effect on Indian banks in case of ailing telecom conglomerate Vodafone Idea Ltd failure. Complexity level The case is best suited for postgraduate and executive students studying Taxation subjects in Commerce and Business Management streams. Supplementary materials Teaching notes are available for educators only. Subject Code CSS 1: Accounting and Finance.

Tendência à estabilidade institucional: regulação, formação e provimento de médicos no Brasil durante o governo Lula

Abstract This article aims to analyse the characteristics of the regulation, training and supply policies of medical doctors in Brazil, during Lula government (2003-2010), as well as the process of dispute about a policy change proposed by senior officers of the Ministry of Health, who were members of the Health Reform movement. This is a case study that used process tracing as a methodological strategy and, as sources, documents and interviews. We used the theoretical resources offered by studies on political process and the theory of gradual institutional change. The main findings are the understanding of institutional arrangements in this policy, and the identification of individual and collective actors who acted to change the policy. Three political-institutional restrictions to change were found: the opposition of the Liberal Medicine advocates Community, which exerted a political influence on the area, the lack of support or resistance to change from the Ministry of Education and the government nucleus decision not to carry out proposals that, at the same time, had to be approved by the Legislative and had the opposition of the Liberal Medicine advocates Community. A balance tending to reproduce the status quo and the current institutional arrangement prevailed, despite the implementation of incremental policy changes.

The Limits of the WTO

In “Governing the Interface of U.S.-China Trade Relations,” Gregory Shaffer argues that legal rules and dispute processes can play a major role in managing conflict and competition between the United States and China. While trade is the central focus of Shaffer's article, he realizes that it cannot be severed from other dimensions of the great power rivalry, including human rights and security issues. Shaffer rejects the idea promoted by some scholars (e.g., Petros Mavroidis and André Sapir) that the World Trade Organization (WTO) should double down on neoliberalism in response to the impact on trade of China's industrial policies by crafting rules that would constrain distinctive features of China's political economy. Such an approach fails to explain why China, a rising power with a strong sense of its own sovereignty and entitlement to its own political and economic system, would ever agree to these constraints. Shaffer and I agree on the basic vision of a pluralist WTO that respects deep differences among states and that is deferential to domestic policies to further legitimate objectives, whether protecting the environment or promoting the observance of basic labor rights around the world. Yet I differ with Shaffer on where the WTO fits into an overall strategy for addressing the global economic governance issues raised by the U.S.-China conflict. While I see the WTO as a useful and necessary part of the picture, I have a lesser estimate than Shaffer of its amenability and centrality to addressing many of the governance challenges that are at play. The post-war General Agreement on Tariffs and Trade from which the WTO system originates still plays a crucial role in providing a structure for voluntary reduction in tariffs through negotiations based on reciprocity and a set of rules for the legal security of tariff concessions. This is reinforced by non-discrimination norms that apply to domestic policies that affect trade. But where non-discriminatory domestic policies are claimed to be trade restrictions, it is much less clear that they should be disciplined multilaterally through a trade-focused institution like the WTO that is not particularly sensitive to the demands of public policy in complex areas of regulation.