District Court Research Articles

Legal Protection and Notary Responsibilities: A Review of the Deed of Testament in the Context of Civil Cases

A testament deed is an authentic deed that has perfect proof. Testament is a unilateral will, so it does not require agreement with other parties, as a partij deed, the Notary only formulates the wishes of the Testator, because it involves property it often causes problems so that it is possible for a lawsuit against the testament deed. Analysing the decision of the Yogyakarta District Court No. 58/PDT.G/2011/PN.YK.Problem formulation: Legal protection for Notary related to the deed of will in civil case connected with Law No. 2 Year 2014, and Notary's responsibility towards the deed of will in civil case. The purpose of the research: to know the legal protection for Notary related to the deed of will in civil case in relation with Law No. 2 Year 2014. To find out the responsibilities of the Notary towards the testamentary deed in civil cases. The research method used in this research uses a normative juridical approach with additional interviews. The normative juridical approach is sourced from data collection obtained from library materials and then analysed by qualitative analysis method. The conclusion of the research is that the Notary is only responsible for the formal form of the deed he made, and is not responsible for the content of the deed. The protection of the Notary is that the will deed is a unilateral act, does not need the consent of other parties, as a partij deed, the Notary only formulates the wishes of the Testator, not as a party to the deed (Articles 52, 53 UUJN), besides that it is based on Article 66 of the UUJN which previously had to be approved by the MPD, currently replaced by the Notary Honor Council. Notaries are protected if they have fulfilled the requirements that must be met in making a deed of will. The author suggests that in making a deed, it is necessary to be careful, and adhere to the rules of the Notary Office. In addition, the Notary needs to provide information related to the will deed to the maker of the will and the party concerned. The government is expected to form regulations governing the protection of Notaries.

The court and judicial proceedings in the villages of Galychyna (between the end of the XVIIIth and the first half of the XIXth century)

The article is dedicated to the analysis of the functioning of the judicial system and the peculiarities of the judicial proceedings in the rural communities of Galicia between the end of the XVIIIth century and the first half of the XIXth century. The development of legal institutions following the annexation of Galicia to the Habsburg Monarchy is examined, particularly the introduction of the Austrian judicial system, which replaced traditional forms of rural adjudication. The primary focus is on the changes in the structure of courts, the jurisdiction of judges, the process of case hearings, and the participation of peasants in judicial proceedings. The article also characterizes the influences of political, social as well economic factors on judicial procedures and decisions. Special attention is given to the role of peasant self-governance and its integration into new legal norms. The article highlights a significant contribution to understanding the evolution of judicial proceedings in the rural areas of Galicia, which will foster a deeper comprehension of the processes of legal modernization in the Austrian Empire. It describes the impact of the Austrian administration on the judicial system, including a series of reforms aimed at unifying judicial proceedings and implementing Austrian law. This led to significant changes in the structure of the courts, their jurisdiction, and the procedures for implementing their decisions, as the peasants of Galicia had their own traditional legal customs and norms, which often conflicted with Austrian legislation. The integration processes associated with the introduction of the new justice system substantially affected the unique legal culture of the peasants, as rural courts had specific characteristics compared to urban and district courts. The article analyzes legislative acts and reforms introduced by the Austrian authorities in the field of judicial proceedings, their role, and their impact on judicial practice. It identifies the specific features of courts and judicial proceedings in the villages of Galicia during the period under study. The importance of researching this issue lies in understanding the evolution of legal norms, judicial practice, and their impact on the lives of the rural population. The study of the declared problem allows for a better understanding of the legal and social processes that took place in this part of Europe during the specified period. This not only supplements the general picture of the history of law but also helps to identify the roots of contemporary legal traditions and issues.

The Plea of Sovereign Immunity in Defence of a New York Convention Award Before the US Superior Courts: Process & Industrial Development v. The Federal Republic of Nigeria (P&ID v. FRN)

The sovereign immunity defence is a plea that had long served sovereign Convention awarddebtors well across jurisdictions worldwide. Although there was a noticeable gradual whittling down of its influence in several jurisdictions in the 1950s and 1960s, the unwary arbitration stakeholder might be mistaken to assume that the principle has gone extinct in popular arbitration jurisdictions. The United States appears to be one jurisdiction where the sovereign immunity plea has recently enjoyed a resurgence; in virtue of the subtle but practical distinction that American superior courts [in their interpretation of the Foreign Sovereign Immunities Act (FSIA), 1976], have drawn between the jurisdiction to entertain suits against a sovereign, founded on commercial activity involving the sovereign, and the jurisdiction to order execution upon the assets of the sovereign. The upshot of how US superior courts have interpreted the Act is that, while subjectmatter jurisdiction invests the US courts with power to entertain suits against a sovereign (as regards their commercial relations), they lack the corresponding power to order execution against the sovereign’s assets. Put differently, the sovereign has executional immunity over their assets but lacks subject matter immunity to be sued before a District Court, as long as it relates to a commercial activity involving the sovereign. The immunity of a sovereign’s asset from execution inevitably leaves the award creditor with a vacuous victory.

The Urgency of a Maintenance Statement Deed Made Before a Notary for Children Born Out of Wedlock as a Form of Ta'zir Against the Biological Father Based on Notarial Practice in Indonesia

The status of children born out of wedlock carries significant consequences, especially for those who are not recognized. Recognition, which is sought through a petition in the District Court, is essential as it constitutes a form of legal protection. This effort affects the process of determining heirs and the provision of maintenance, particularly from the biological father. To ensure legal certainty, a maintenance statement deed is made before a notary as evidence for the future. This research uses a normative juridical method, employing data collection techniques from literature studies by analyzing core issues and sources from relevant legal products.

LCD International Cartel and Damage Compensation -based on Seoul Central District Court Judgment 2014gahap504385-

LCD International Cartel and Damage Compensation -based on Seoul Central District Court Judgment 2014gahap504385-

Application of the Status of Justice Collaborator in the Criminal Justice System in Indonesia (Case Study: Decision of Central Jakarta District Court Number 41/Pid.sus/TPK/ 2017/PN. JKT)

In Indonesian criminal law, the status of a Perpetrator Witness (Justice Collaborator) has significant legal consequences. With the entry of this Justice Collaborator regulation, the threat of criminal punishment will be less effective against perpetrators of serious crimes. This will make it more difficult to identify the main perpetrators in cases of crimes committed together, and will be a new strategy to avoid the threat of high punishment because the status of a Justice Collaborator is guaranteed to get leniency for serious crimes committed. The enactment of the regulation on the status of Justice Collaborator in corruption criminal justice which provides a guarantee of a reduction in punishment for perpetrator witnesses is seen as very counterproductive with a very high criminal threat for corruption perpetrators as perpetrators of certain crimes (serious crimes). Most people in Indonesia even strongly agree that the criminal threat for the perpetrators of corruption crimes is the death penalty, so great are the hopes of people who want no more corruption crimes that are very detrimental to the state and the people of Indonesia.

Kewenangan Mengadili Lembaga Peradilan di Indonesia Dan Titik Singgung Pengadilan Umum Dengan Pengadilan Agama

The court as an officially legitimate (legitimate) state institution is given the authority to examine, adjudicate, decide and resolve every dispute submitted to it. The Court's authority, practical and theoretical, is divided into two, namely absolute authority (absolute competency) and relative authority (relative competency, jurisdiction). The method used is literature review, which is a systematic, explicit and reproducible method for identifying, evaluating and synthesizing research works and ideas that have been produced by researchers and practitioners. The type of research that researchers used in preparing this article is research. Qualitative, this kind of research is descriptive and tends to use analysis with an inductive approach. This type of qualitative research is in the form of library research. As far as current practical experience is concerned, the authority of district courts and religious courts often experiences points of contact. Apart from historical factors, incomplete factors and lack of clear explanations in the law give rise to different interpretations regarding the authorities in certain cases. Moreover, the absolute authority of religious courts is based on the principle of Islamic personality, which means that submission to the provisions of Islamic law is the basis for the legitimacy of the authority of religious courts in certain cases. Submission to Islamic provisions as the basis for the meaning of Islamic personality no longer only means formal Muslims (based on legal identity), but also non-Muslims who submit themselves to the provisions of Islamic law. Below are several points regarding the authority of the District Court and the Religious Court.

IDENTIFYING PROBLEMS AND SOLUTIONS OF THE E-COURT SYSTEM OF RELIGIOUS COURTS IN INDONESIA: AN ANALYTIC NETWORK PROCESS STUDY

Many nations are creating E-courts to simplify court operations. However, religious e-Courts take more work to execute. This study hasidentified religious court e-Court implementation issues and solutions using Delphi and ANP. It first employed Delphi and a literature review to interview experts face-to-face. Eight judges, I.T. workers, and attorneys from three religious court districts analysed the model using a priority scale with an Analytic Network Process (ANP). The study found that infrastructure or equipment from the application of the e-Court system is the main issue, with a geometric mean of 0.306, followed by Human Resources (0.262), the system (0.219), and regulation (0.213). Improving e-Court system regulation (0.850) and infrastructure were the primary solutions (0.770). This paper details cluster priority solutions and issues. This study suggests that the highest religious court authority focuses on infrastructure, human resources, e-Court operational systems, and associated legislations. The government must adopt the e-Court system and registration laws to encourage more active socialising. The study prioritises e-Court implementation issues in the religious courts of Indonesia.

Taking Ethnography to Court: Pedagogical Reflections on a Collective Field Study

Ethnography is an exceptionally difficult subject to teach and learn in a classroom setting. This article, written by an ethnography professor and five graduate ethnography students, reflects on how a short-term and collectively executed fieldwork study can help alleviate this problem. Within three months, we logged over 100 hours of observations on district court proceedings in greater Boston. Our field notes, memos, and seminar discussions brought to life three key topics in ethnography: theorization, positionality, and intervention. While not without its challenges, we ultimately found this exercise to be an effective and efficient way to sharpen our ethnographic sensibilities. We close with a general defense of collective fieldwork as a practical method for teaching and learning ethnography.

Will the Agency Stand Behind Me? Prosecutorial Guidance and Shifts in Organizational Sentencing in Federal Courts

Prosecutors play a large role in determining sentences and may alter their decision-making based on changes in Department of Justice (DOJ) priorities. Consequently, I use the inhabited institutions perspective to investigate whether and how a series of DOJ memos (Holder memo, Thompson memo, McNulty memo) affected sentencing severity for organizational defendants in federal courts. My analyses consist of multi-level regressions of total fine, probation length, and corporate compliance program orders using the 1992–2013 “Organizations Convicted in Federal District Courts” dataset collected by the United States Sentencing Commission (USSC). The results suggest assistant U.S attorneys adjust their approach based on departmental guidance, with punitiveness being linked towards perceived support from the main office for this behavior.

Looking for Legal Justice: Criticizing the Verdict of Nomor 37/Pid.Sus/2020/PN.Ttn Tapak Tuan District Court on Domestic Violence

This study was conducted to examine a judge's decision in a criminal case of domestic violence against a child, with the goal of analyzing how the judge's decision was consistent with Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Qanun Number 9 of 2019 concerning the Implementation of Handling Violence Against Women and Children, while also taking into account moral aspects and benefits. This research is a doctrinal study that uses a case study approach to criticize judicial rulings. The objective of this approach is to examine court rulings, namely the Tapak Tuan District Court Judge's Decision Number 37/Pid.Sus/2020/PN. Ttn, in order to comprehend how the law is applied in actual circumstances. The data sources were obtained from court decisions, the Marriage Act, and several important regulations related to the problems of this study. To strengthen the analysis, this study also used several research results and several articles obtained from various journals, so that the analysis carried out was sharp and precise.This research argues that in Decision Number 37/Pid.Sus/2020/PN.Ttn, the judge's considerations are only formal, following what is in the law alone. In this decision, the judge seems to ignore the material aspect, as can be seen in the judge's considerations in the decision. This is in line with the opinion of Member Judge II and the concurring opinion of the panel of judges in the decision. However, decision Number 37/Pid.Sus/2020/PN.Ttn needs to be appreciated, realizing that the judge's task is very difficult because he not only considers legal interests in deciding the case at hand but also considers the sense of justice for the community to realize legal certainty.

Held v State of Montana: A Constitutional Rights Turn in Climate Change Litigation?

Abstract This analysis examines the decision in Held v State of Montana by the Montana First Judicial District Court, in which 16 youth plaintiffs successfully argued that provisions within the state energy policy and the Montana Environmental Policy Act (MEPA) violate their constitutional right to a clean and healthful environment. As the first climate case in the USA to be brought based on a constitutional right to a healthy environment, it has received considerable attention and is being hailed as a landmark victory. This analysis examines the case in the context of recent trends in climate change litigation and argues that whilst the decision is indeed noteworthy, the circumstances that led to the decision make it unlikely that a wave of similarly successful claims will follow in the USA. Nevertheless, the case could mark a so-called ‘constitutional rights turn’ in climate litigation, as the case bolsters support for stronger protections for environmental rights.

RESTITUTIO IN INTEGRUM: BETWEEN STATE INTERESTS VS VICTIMS IN FRAUDULENT INVESTMENT CASES (Study of Binomo Fraudulent Investment Decision)

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>The aim of investment is basically to gain profits in the future. However, along with the rapid development of information technology, it is increasingly having negative impacts, one of which is "fake investment", as carried out by a convict with the initials IK. What is interesting about this case is regarding the status of the convict's assets. The Tangerang District Court decided that IK's assets were confiscated by the state. The victims also felt disappointed. However, this changed at the appeal level, where the Banten High Court gave a decision that IK's assets be returned to the victim. Due to the mutual attraction between the interests of the State VS the interests of the victims, this article will discuss legal protection efforts for victims of fraudulent investments in Indonesia and the mechanisms for recovering losses both to the victims and to the national economy that arise as a result of the practice of "investment." bulging". This research uses a Legal Research Method with a statute approach and a case approach. The research results show that legal protection related to fraudulent investments still focuses on mitigation, not prevention. Apart from that, it is felt that law enforcement efforts are still less effective, especially regarding Restitutio in integrum or restoration of the original situation.</em><em></em></p><p class="TableParagraph"> </p></td></tr></tbody></table>

VISUALISATION OF THE EVENT IN 3D AND CONFRONTING IT WITH THE CONCLUSIONS FROM BLOODSTAIN PATTERN ANALYSIS IN ORDER TO EVALUATE THE VERSION PRESENTED BY THE WITNESS OR SUSPECT

The article presents topics related to the 3D visualisation of the event, the reconstruction of the event on the basis of bloodstain pattern analysis and the verification of versions presented by personal sources of evidence. The text shows whether in Polish investigative and judicial prac-tice, these three issues occur together or separately and what is the relationship between them. The author presents the result of the work based on an extensive library search, an analysis of court records from two district courts and based on his long practice. The discussion covers essential issues related to the practical aspects of combining these fields to create comprehensive documents to streamline motions for litigants. The conclusions of the article allow for a better understanding of the current state of affairs and the development of better solutions for the legal system for the future.

Case Study: Strength of Child Witness Testimony in Cases of Sexual Abuse in Decision No. IX: 135/Pid.Sus/2023/DPK

In current criminal justice practice, there have been developments regarding the use of children's testimonies, with some judges in Indonesia admitting children's statements as evidence in cases involving minors, even though we know that children are not sworn in before giving testimony. Therefore, the aim of this study is to analyze the legal strength of children's testimonies as evidence in the criminal justice system, focusing on the case with the District Court Decision Number 135/Pid.Sus/2023/PN. Dpk. This research employs a normative legal research method with a legislative approach, conducted to explore legal issues. The primary data source supporting this research includes the District Court Decision from Depok Number: 282/Pid.Sus/2023/DPK, while secondary data consists of Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 concerning Child Protection, Law Number 11 Year 2012 concerning Juvenile Justice System, and Law Number 8 Year 1981 concerning Criminal Procedure Code. The findings of this research indicate that the evidentiary strength of children's testimonies as witnesses in the Indonesian criminal justice system depends on the validity of the testimony presented in court. However, the truthfulness and probative value of such testimonies are subject to the judge's subjective assessment, and because the evaluation of witness evidence is generally non-binding, this also applies to child witnesses.

Juridical Analysis of Marriage for Couples Who Change Gender Based on Law No. 1 of 1974 concerning Marriage and Islamic Law

The case of gender change in Indonesia is quite common in society. This has legal implications in various aspects, especially regarding marriage. As in the Decision of the Sumber District Court No. 60/Pdt.P/2021/PN.Sbr, the judge granted the gender change. Following this decision, legal consequences related to the validity of the marriage arise. Based on this description, the formulated issues are how Islamic law views gender change and what the legal consequences are for marriage for those who have changed their gender. In discussing this topic, the author uses a normative juridical method by examining the Marriage Law and Islamic Law, particularly related to the marriage of people who have changed their gender. According to the perspective of Islamic law, gender change in Indonesia is considered haram (forbidden) because it contradicts the Quran, Hadith, and the views of scholars, including the MUI Fatwa No. 03/UMNas-VII/MUI/2010. However, surgery aimed at perfecting sexual organs is permissible and considered halal in Islam. For instance, the case of the applicant Hamidah is an effort to cure her genital organ defect and has no legal implications, so it is allowed by law. When Hamidah, also known as Muhammad Hamdan, wants to marry a woman, it should no longer be an issue because religiously Hamidah's actions are justified by religion, and the elements contained in Article 4 of the Compilation of Islamic Law (KHI) and Article 2 Paragraph 1 of the Marriage Law have been fulfilled. Overall, the legality of gender change through the District Court's decision becomes important to determine the legal consequences of marriage, particularly regarding gender status in inheritance distribution and the ability to have offspring.

Normative Examination of The Considerations of Pre-Trial Judge on Distortion of The Value of The Instruments of Evidence (Case Study of Pretrial Decission Number 5/Pid. Pre/2018/PN BTM At the Batam District Court)

<p>The formal administrative examination in pretrial is a mandate from PERMA Number 4 of 2016 which also contains a prohibition so that judges do not intervene the case material, but currently there is a pretrial decission No. 5/Pid. Pre/2018/PN BTM which cancels the determination of the suspect with the consideration that the evidence for the determination of the suspect has been distorted by the investigation period which is considered too long, from this decission it is necessary to analyze the construction flow of the judge's legal considerations and normative juridical examination as well as the legal consequences of the decission against the investigator. This research used descriptive analytical method using a normative approach (legal research) to obtain secondary data and an empirical approach (juridical sociological) to obtain primary data through observation (observation). The results of the study showed that pretrial judges form a new legal method regarding the distorted value of evidence based on the period of investigation in which this consideration was no longer on the assessment of formal aspects, from this decission Investigators if they want to re-determine someone as a suspect must use two different pieces of new evidence. For this reason, the Supreme Court is expected to establish special rules regarding mechanisms and clear boundaries for pretrial judges in establishing the rule of law, besides that a clear definition of deviant and/or fundamentally deviant decissions is needed and the annulling mechanism to anticipate legal smuggling.</p>

Analisis Putusan Nomor 02/Pid.Sus Anak/2022/PN Crp Tentang Tindak Pidana Narkotika Pada Anak

Legal infractions pertaining to children in our day of modernity, include instances where children are the offenders, witnesses, or victims of the law. The criminal law pertaining to drugs is one of the laws that is most frequently broken. The author of this study employs a normative juridical approach technique, first doing literature research before examining and evaluating how legal norms—which ought to be applied in conformity with legal rules—are applied. As mentioned in Law Number 35 of 2009 concerning Narcotics, which governs criminal penalties to act as a disincentive to those who misuse and trade in illegal narcotics and their precursors. Observing and analyzing the law as well as theoretical issues pertaining to legal principles, legal history, and legal comparisons that address the application of the law against minors who commit drug-related crimes and legal considerations surrounding decision Number 00/Pid. Sus-anak/2022/PN Crp regarding drug-related crimes against minors are the methods used in the normative juridical approach. The Curup District Court's ruling in case number 00/Pid.Sus Anak/2022/PN/Crp, which dealt with drug misuse in children, was the subject of the author's investigation in this study.

Проблемные вопросы, возникающие при разрешении гражданского иска в уголовном деле

The article is devoted to problematic issuesin civil lawsuit in a criminal case, proposed the way of its decision. The possibility of recovering damages claimed by a victim in a civil claim in a criminal case from one of the defendants in the case where the victim sues only him, and the damage was caused by joint intentional actions of several defendants, has been explored and argued.The legality of the refusal to the victim to recover moral damage caused by the theft of property without entering the home, due to the damage caused only to property interests, is substantiated.The conditions provided by law for leaving a civil claim in a criminal case without consideration are analyzed if a claim is filed for reimbursement of the cost of treatment in the case where the defendant disputes the causal relationship between the occurrence of a secondary disease in the victim and his actions.As justification, the need to involve the attending physician and medical institution in the case as third parties, the essence of these claims of a property nature, which, although related to the crime, are rather related to the subsequent restoration of the violated rights of the victim. The conclusions drawn are illustrated by examples of criminal cases from the practice of a district court judge.

Grand Sulthan As The Basis For The Transfer Of Land Rights In Tebing Tinggi City

The transfer of land rights is a legal event/action that results in the transfer of rights from one legal subject to another legal subject, thereby causing the loss of authority over the land. Land transfer refers to the process or action that changes land ownership from one party to another. This can occur through a variety of means, including sale, inheritance, gift, or voluntary or forced surrender. For example, if someone sells a house to someone else, that is a transfer of land. This research includes normative legal research, so the legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials that will be used as a source in this research is library research, namely collecting legal materials by reading statutory regulations, official documents, journals, articles from the internet, and other literature that is closely related to The issues discussed are based on secondary legal materials. Transfer of land rights is a right to transfer land rights from an individual to a legal entity. Legal transitions usually occur due to legal acts and legal events. The implementation of the transfer of land rights can occur due to transfer or transfer. Switching, for example due to inheritance of Decision Number. 13/Pdt.G/2020/Pn Tbt The Panel of Judges rejected the Defendants' exception in its entirety in the main case, rejecting the plaintiff's claim in its entirety. Decision Number 422/Pdt/2020/PT Mdn that accepts the bandi application from the Comparator's Attorney for the original Plaintiff based on the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/Pn Tbt, dated 20 July 2020 which is appealed in the exception and rejects the exception Appellee 1 and Appellee II, in the main case, canceled the decision of the Tebing Tinggi District Court which was appealed. At the cassation level, Decision Number 1928 K/Pdt/2021, namely granting the cassation petition from the cassation applicants consisting of the Chair of the Community Empowerment Institution, formerly the Community Social Institution, represented by Iskandar and Lalang Village, Rambutan District, Tebing Tinggi City, represented by Lura Adi Supeno, thereby canceling the Medan High Court Decision Number 422/PDT/2020/PT Medan and dated 21 October 2020 which annulled the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/PN TBT dated 20 July 2020.