Dispute Resolution Research Articles

Unlocking The Potentialo of "Kalosara": An Extensive Analysis of Adultery Instances Dispute Resolution in the Tolaki Tribe through the Lens of al-Ishlah Concept

This article delves into the comprehensive examination of the dispute resolution in adultery cases within the Tolaki Tribe, specifically through the traditional practice of "Kalosara." The research also explores the relevance of Kalosara to the al-Ishlah concept in Islamic criminal law. The examination encompasses various stages, from the acknowledgment of the wrongdoing to the purification ceremony, reflecting a holistic approach to conflict resolution and social restoration. This research uses the literature review method to establish a robust theoretical foundation. The identification of relevant literature will entail a meticulous search for sources addressing Kalosara customs, dispute resolution, and the al-Ishlah concept within the context of Islamic law. This research indicates a significant relevance between the Kalosara custom and the concept of Ishlah in the context of Islamic criminal law. The practice of Kalosara in resolving cases of adultery within the Tolaki Tribe reflects the principles of Ishlah, emphasizing reconciliation, restoration, and conflict resolution. The stages of the resolution process, from the acknowledgment of the perpetrator to the purification ceremony, mirror a holistic approach to achieving restorative justice

Examining Civil Law Remedies for Consumers Affected by Counterfeit Branded Goods in E-commerce Transactions

This research aims to find out and explain the forms of legal protection for consumers and dispute resolution efforts related to the sale of counterfeit branded goods through online transactions in Indonesia. The research uses normative methods by reviewing library materials and secondary data and using legal material analysis techniques using a statutory approach. The research results show that consumer protection regarding the sale of counterfeit branded goods through online transactions in Indonesia refers to several statutory regulations, namely: Law Number 11 of 2008 concerning Information and Electronic Transactions, a form of protection for consumers, namely the requirement for business actors to provide correct and clear information regarding goods/services being bought and sold as well as guaranteeing the responsibility of business actors for losses and all legal consequences resulting from violations of obligations in electronic transactions. Based on Law Number 8 of 1999 concerning Consumer Protection, the form of legal protection for consumers is that in 2001 the Government established the National Consumer Protection Agency which then formed the Consumer Dispute Resolution Agency at the regional level. Based on Law Number 20 of 2016 concerning Brands and Geographical Indications, a form of consumer protection is the threat of criminal penalties for business actors who counterfeit brands or buy and sell products resulting from criminal acts. Consumer dispute resolution can be reached through 3 routes, namely peaceful resolution by the parties to the dispute without involving the court or a neutral third party, and settlement through the court. and Out-of-court settlement through BPSK.

SETTLEMENT OF CONSUMER DISPUTES THROUGH THE BANDUNG CITY CONSUMER DISPUTES RESOLUTION AGENCY (BPSK)

The Consumer Dispute Settlement Body (BPSK), in accordance with Law No. 8 of 1999 regulating Consumer Protection (UUPK) is regulated by the government, has a role to handle and resolve problems arising between consumers and business actors. The purpose of establishing BPSK is to reduce the complexity and time required in court proceedings, which are often long and difficult, by providing an out-of-court dispute resolution shortcut, focusing on the principles of speed, simplicity, and affordable costs. This study focuses on the Consumer Dispute Settlement Body in Bandung City, using a normative legal approach. In brief, the purpose of BPSK is to avoid resolving consumer disputes through the public courts. The general court is long and costly, but BPSK makes a fast and even cheap procedural law. The author analyzes legal literature related to consumer protection and consumer dispute resolution, and then compiles and classifies it in a detailed, systematic, and directed manner. The data collected is then analyzed descriptively to provide a comprehensive picture of the problem of consumer dispute resolution at BPSK Bandung City.

Performance Appraisal of Permanent Lok Adalat in Haryana: A Comprehensive Analysis

This study aims to examine the implementation of Haryana Legal Services Authority (HALSA) provisions, evaluate the functioning of Lok Adalats, assess the effectiveness of mediation centers alongside PLAs, review the process for granting free legal aid, and analyze the challenges faced by Permanent Lok Adalats in Haryana. This study employs a multistage sampling approach, including structured interviews with stakeholders, open discussions, and observations for primary data collection, alongside secondary sources like annual reports and published studies. Quantitative tools such as averages and percentages, as well as qualitative content analysis, were used for data analysis, ensuring a comprehensive evaluation of PLA performance. The study finds that awareness of HALSA provisions is primarily driven by print and social media, with moderate overall awareness among respondents. Beneficiaries are generally satisfied with HLSA services, although improvements in accessibility and responsiveness are needed. PLA proceedings are viewed positively regarding information clarity and timeliness, but challenges persist in transparency, communication, and the handling of personal details. The study highlights the need for better infrastructure, enhanced awareness, and support mechanisms to ensure equal access to justice and effective dispute resolution by PLAs in Haryana.

THE ADMINISTRATIVE JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AS AN INSTRUMENT AND SUPPORT OF THE HEARING STATE

As we know, administrative justice is a kind of legal institution of judicial protection necessary to restore violated subjective rights, freedoms of citizens, legitimate interests of legal entities and other organizations by monitoring compliance with the law-abiding state in the public administration system, a special procedure for consideration and resolution of administrative and legal disputes arising from managerial relations. Administrative justice is aimed at ensuring the adoption of legally sound, timely, fair and understandable decisions in cases concerning the rights of people. Administrative justice ensures the rights of citizens in the administrative process. Finally, administrative justice has a great impact on the quality of public services and fair treatment of citizens. The process of making administrative decisions, there is a balance between issues of efficiency, regularity and the mechanical application of existing rules. Of course, the improvement of any social system is a necessary and sufficient condition for the existence and functioning of the system by itself. In general, the entire justice system is increasingly revealing the failure of efforts to protect the law-abiding state on the previous regulatory and organizational basis, legislative acts adopted in recent years in the legal field.

Telemedicine: International Law Comparison

The main problems in telemedicine include the lack of uniformity in international regulations, limited technological infrastructure in some countries, and data protection and patient privacy. Additionally, legal responsibilities and malpractice risks have not been standardized. Gaps in access to services, especially in remote areas, and ethical challenges and quality standards are also obstacles. The purpose of this research is to find out international legal considerations regarding the use of Telemedicine and find solutions to overcome Telemedicine legal issues. This research uses a normative juridical approach with an emphasis on comparative studies. The results of the research were then analyzed qualitatively. Based on research results, show that Telemedicine is regulated differently in various countries. In Indonesia, it is regulated by Minister of Health Regulation Number 20 of 2019 for diagnosis, treatment, and continuing education with service costs borne by the health facility. Malaysia has a Telemedicine Act 1997, focused on follow-up care and drug prescriptions, growing rapidly in the private sector during the COVID-19 pandemic. Argentina published telehealth guidelines in 2019 and 2022, requiring health insurance companies to adopt teleconsultation platforms. Austria through the TeleHealth Commission since 2013 regulates telemonitoring, teletherapy, teleconciliation, and teleconferencing with strict data protection laws. Mexico integrates telehealth in general health services, regulated by IMSS and ISSSTE, while Russia regulates through the Health Protection Law with strict IT requirements. International telemedicine legal solutions require harmonization of regulations, personal data protection, information security standards, recognition of professional licenses, dispute resolution mechanisms, and legal liability regulations. Education and public awareness are essential to overcome these challenges, supported by international cooperation that strengthens the global legal infrastructure of telemedicine.

DETECTIVE AS A LITERARY GENRE IN THE SYSTEM OF COPYRIGHT OBJECTS OF THE REPUBLIC OF KAZAKHSTAN: PROBLEMS OF DETERMINING THE PROTECTION CAPACITY

The article is devoted to the study of the detective as a literary genre as an object of copyright and the problem of criteria of protection. The detective in the Kazakh literature has not been widely distributed, and therefore arouses scientific interest. At the same time, it is the result of creative intellectual activity, the object of copyright. The article analyzes the features of the literary work, presents the points of view of Kazakhstani and foreign authors. However, not every work can be recognized as an object of copyright, in order to be recognized as such, the object must have certain characteristics in order to become protectable. Determining the criteria for the protectability of works is important when recognizing a work as subject to legal protection. The legislation of the Republic of Kazakhstan recognizes creativity and the form of works as such. The article reveals the concepts of purpose, content, dignity, as well as ways and forms of expression of works. The legal literature presents different points of view to the study of the criteria of protectability: creativity, novelty, originality, etc. There is no unity of opinion in foreign practice, in the USA the level of creativity is considered as a criterion. Currently, the concept of determining the lower level of protection capacity, which distinguishes works with an insignificant level of creative character, is increasingly attracting attention. The judicial practice of the Republic of Kazakhstan in dispute resolution adheres to the approach of determining the existence of the creative nature of the work, the Copyright mark, using such tools as an author's expertise for borrowing material and coincidences of creative results. The establishment of criteria for the protection of works is an urgent problem that has a practical nature, and its resolution is necessary in order to determine which works can enjoy copyright protection.

Legal Protection of Intellectual Property Rights in the Digital Era

This research uses a qualitative approach with descriptive-analytical methods to examine the legal protection of intellectual property rights (HMI) in the digital era. The research results show that the legal protection of HMI in the digital era still faces various significant challenges. Even though regulations such as Law Number 28 of 2014 concerning Copyright and Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) exist, their implementation could be more effective. The leading causes are a need for more public knowledge and awareness about the importance of HMI, as well as limited law enforcement resources and technology. Collaboration between the government and digital platforms needs to be improved, while international cooperation is also crucial in dealing with cross-border HMI violations. This research recommends increasing public education and awareness, strengthening regulations, adopting advanced technology such as AI, closer cooperation with digital platforms, increasing law enforcement capacity and resources, and efficient dispute resolution mechanisms. With a more holistic and integrated approach, HMI protection in the digital era can be significantly improved, providing justice for rights owners and encouraging the development of a healthier and more innovative creative industry.

Separation Of Inheritance Assets And Its Implications In Indonesian Civil Law

This research employs qualitative methods with a literature study approach to explore the legal phenomenon of inheritance separation in Indonesian civil law. The approach involves collecting, reviewing, and analyzing relevant literary sources, including books, journal articles, regulations, and court decisions. The initial step is identifying and collecting relevant literature, followed by an analysis to understand basic concepts, legal principles, and procedures. Researchers critically analyze the collected literature to identify key issues, challenges, debates, and evaluate each source's relevance and validity. Findings indicate that inherited assets are significantly regulated by the Indonesian Civil Code. The Code addresses heirs' rights and obligations, inheritance separation procedures, and special conditions that must be met. The process aims to end joint ownership and distribute assets to each heir according to their rights, requiring all heirs' agreement or a court decision in case of disputes. Article 1075 regulates dispute resolution, allowing courts to intervene. Provisions for canceling inheritance separation protect heirs' rights, with Articles 1112 and 1116 providing a basis for cancellation if there is coercion, fraud, or actions harming more than a quarter of the inheritance value. Overall, Indonesian law offers comprehensive protection for heirs, ensuring the inheritance process aligns with justice and legal principles.

Legal protection of personal data in e-commerce online transactions with the paylater method

The internet has been widely used in Indonesia as a support for communication and information in various electronic media. The rapid development of the times makes technology even more increasing. This gave rise to several e-commerce applications in online sales and purchases such as Shopee, Tokopedia, Akulaku, Traveloka, and many others, some of these e-commerce applications have features that can make it easier for consumers to make buying and selling transactions, namely the Paylater feature. The focus of this research is to find out about the legal protection of personal data to consumers and the efforts made to the parties in an e-commerce transaction using the PayLater method. This research uses the Normative Juridical method and applies legislative and conceptual approaches. The results of the research obtained found that legal protection for PayLater Credit service users is contained in the regulations of Law No. 8 of 1999 concerning Consumer Protection, POJK Number 77 / POJK.01 / 2016 and Law No. 19 of 2016 concerning Electronic Information and Transactions. And in Law Number 27 of 2022 concerning Personal Data Protection. Meanwhile, PayLater Credit dispute resolution is more effectively implemented with the APS (Alternative Dispute Resolution) method, one of which is by creating a PSD (Online Dispute Resolution) institution.

Evaluation of the Effectiveness of Mediation as an Alternative for Civil Dispute Resolution: Quantitative Research in District Courts

Evaluation of the Effectiveness of Mediation as an Alternative for Civil Dispute Resolution: Quantitative Research in District Courts

Online Dispute Resolution – From Origins to the Present

This article explores the historical evolution of Online Dispute Resolution (ODR) against the backdrop of the internet’s inception and development. In the early years, the internet was largely restricted to government organizations, the military, and scientific institutions. Censorship was prevalent, limiting the emergence of disputes within this limited virtual environment. To overcome these constraints, private commercial online services like CompuServe and AOL emerged, offering content-rich platforms but with limited connectivity. This limitation inadvertently reduced the incidence of disputes. However, unrestricted access to online services led to cases of identity deception and abuse, exemplified by the infamous case of a virtual persona, ‘Joan’. The ‘Joan’ incident underscored the challenges of managing online interactions in the absence of regulatory mechanisms. It prompted the emergence of system administrators responsible for balancing content policies and First Amendment rights. The article also delves into the early legal landscape concerning online communication and the challenges of regulating content and expression. This historical analysis offers insights into the origins of ODR, highlighting the need for effective dispute resolution mechanisms in the evolving digital landscape. It sheds light on the internet’s journey from a closed network to a global platform, raising critical questions about identity, freedom of expression, and the role of administrators in online governance.

Perlindungan Hukum Bagi Para Pihak Terhadap Terjadinya Sistem Error Pada Penyelenggaraan M-Banking

A rapidly developing economy cannot be separated from the support of capital provided through banking credit. However, system errors in the operation of M-banking can cause losses for both customers and banks. This study aims to analyze the legal protection for parties against system errors in M-banking operations and the responsibilities that must be met. The research method used is normative legal research with a statutory approach and conceptual approach. The legal sources used include primary and secondary legal sources, collected through literature study and analyzed using descriptive analytical methods. The results of the study indicate that although there are regulations governing the responsibilities of M-banking service providers, legal protection for customers needs to be strengthened, particularly in terms of dispute resolution mechanisms and compensation. This research recommends enhancing system security and consumer education to minimize risks and the establishment of more specific regulations regarding the responsibilities of M-banking providers in dealing with system errors.

Optimizing Village Wealth Through the Transition to BUMDes in Indonesia

This research examines the regulation of transitioning village assets to Village-Owned Enterprises (BUMDes) based on Village Law, highlighting shifts in dispute resolution methods. Using a normative method with statutory and historical approaches, the study identifies challenges in optimizing village head authority and effective supervision by regional heads. Key findings show the transition process involves initiation and agreements between BUMDes and village government, with tailored dispute resolution methods including mediation and litigation. Effective regulations and collaboration between officials and asset managers can enhance BUMDes' self-sufficiency, benefiting local economies and village welfare while ensuring transparency and community participation.Highlight: Transition Process: Village assets to BUMDes via initiation and agreements. Dispute Resolution: Methods include mediation, village discussions, and litigation. Regulatory Challenges: Enhance village head authority and regional supervision. Keywoard: Village assets, BUMDes, Village Law, Dispute resolution, Normative method

Implementation of Restorative Justice in a Customary Court in Rejang Lebong District, Bengkulu, Indonesia: A Maqāṣid Al-Sharī‘ah Review

This paper aims at analyzing the form of restorative justice implemented in a customary court in Rejang Lebong District, and maqāṣid al-sharī‘ah review of the customary court. This type of research is qualitative with sociological-juridical approach. Data sources were literature, observation, in-depth interviews and documentation. The data analysis technique used qualitative descriptive analysis. This study showed that the form of restorative justice applied in the process customary court in Rejang Lebong prioritizes deliberation and peace between the parties. In terms of sanctions, compensation is based on the request of the victim and the consent of the perpetrator coupled with customary fines. Although there is a provision for customary fines, in practice, the judge determines the amount according to the ability of the perpetrator. In terms of maqāṣid al-sharī‘ah, the process prioritizing deliberation and peace is relevant to the objective of evading mafsadat, which is to reduce the anger and resentment of the victim or their family. Based on the form of sanctions applied, there is a benefit to maintain the existence of religion, property, soul, offspring, and honor. The sanctions prioritizing restoration, harmonious relations, deterrent effects, and learning for the community, have mutual functions of zawajir and ta'dib. This customary justice model that combines restorative justice and local wisdom can possibly be an alternative dispute resolution to non-litigation case settlement.

Managing Legal Disputes Through Alternative Disputes Resolution

Dispute management is an attempt to resolve a dispute or conflict through alternative dispute settlement strategies in a legal context. Alternative dispute resolution methods, such as negotiation, mediation, and arbitration have been widely used in dispute settlement in a variety of situations. The method of research carried out in this research is to discuss the related literature according to the title of the research. The results of this study conclude that alternative dispute settlement strategies can be an effective alternative to litigation in settling disputes. These alternative dispute methods provide advantages such as faster processes, and lower costs, and allow the parties involved to be more active in finding mutually beneficial solutions. In addition, alternative dispute settlement strategies can also help maintain relationships between the parties involved in the dispute. In mediation and negotiation, open communication and cooperation are promoted, which can avoid greater conflict and enable the building of better relations in the future. However, it is important to remember that alternative dispute settlement strategies are not always suitable for every situation. In some cases, litigation can still be the best option, especially when a dispute involves a complex issue or if one of the parties refuses to participate in an alternative settlement effort. Overall, dispute management and alternative dispute settlement strategies are important efforts in minimizing conflict and achieving a fair and beneficial settlement for all parties involved. Understanding the advantages, disadvantages, and appropriate context for using alternative dispute settlement strategies is key in navigating the dispute settlement process well.

Alternative Dispute Resolution Mechanisms (MASC) in Hidalgo, Mexico: An initial analysis

Alternative Dispute Resolution Mechanisms (MASC) in Hidalgo, Mexico: An initial analysis

LEGITIMATE INTERESTS OF LEGAL ENTITIES: DOCTRINAL APPROACHES AND APPLICATION IN TAX LAW

The theory of legitimate interests was created within the sociological school of law. Interests have been interpreted as an individual’s aspiration to meeting its own needs. The theory has been directed on researching individuals’ legitimate interests. The question of corporate interests has been not properly researched, the problem of a subject of a legitimate interest has been not the point of discussion in a legal theory. There is no unanimous point of view on corporate interests within a science of civil law. Two opposite points of view coexists in the doctrine: interests of corporations are real (realistic theories); only interests of sharers are real ( ction theory). It is possible to recognize the existence of corporation’s legitimate interests with speci c legal nature, derived from entrepreneurial activity of a corporation. Legitimate interests are used by courts in the resolution of tax disputes, for example, by applying the principle of ‘bona de’ tax administration. By analysis, other legitimate interests of a legal entity are legitimate expectations and the ‘tax reconstruction’. The research on the topic of legitimate interests of corporations are perspective for the tax law.

China’s notarial system and new developments under the Foreign-related Rule of law

This article provides a comprehensive overview of the evolution and current status of the notary system in mainland China, Hong Kong, and Macao. It also delves into the Appointed Attesting Officers system and the ongoing developments in the notary service industry. Mainland China’s notary public system has transitioned from an administrative system rooted in the planned economy’s growth to the professional legal services industry. The article presents a comparative analysis of the notary public systems in Hong Kong and Macao, along with a brief examination of the Appointed Attesting Officers system, designed to address the challenges posed by the different legal systems in these three areas. The article collects the new development documents and accomplishments achieved by China’s notary public industry. Also underscores the notary’s role in dispute prevention and its crucial role in Alternative Dispute Resolution. It offers a fresh perspective on the potential evolution of the notary public industry in the context of Foreign-related Rule-of-law. By enhancing the capacity of notarial services, strengthening the safeguards of the legal system, and actively participating in the Alternative Dispute Resolution mechanism, the notary service industry will continue to fulfill its unique legal functions in the context of the new era, thereby contributing to social harmony and stability.

Exploration of the Path of Labor Dispute Resolution

According to the traditional view, the main ways to handle labor disputes include: workers and employers resolve disputes through consultation, apply for mediation to the Labor Dispute Mediation Committee, submit to the Labor Dispute Arbitration Committee to apply for arbitration in accordance with the law, and file labor lawsuits with the court. Each of these ways has its own advantages and disadvantages, but they are also closely related and interconnected. In practice, the parties may not know which route is more conducive to resolving a dispute, nor are they clear about the specific functions of the various institutional themes and the differences in the advantages and disadvantages of resolving specific issues. And in the legislative system, the functions of the various institutional subjects also have cross and blank areas. This article will focus on the labor security supervision system and the labor dispute arbitration system, as well as the relationship and interface between the labor dispute arbitration system and the labor litigation system to do a brief analysis and put forward proposals.