Execution Of Court Decisions Research Articles

Review of judicial practices of the civil court of cassation as part of the supreme court regarding the consideration of complaints on the actions or inactions of a private/government executive during the execution of court decisions in civil cases

The paper is devoted to the study of the judicial practice of cassation appeals of court decisions, namely the analysis of the judicial practice of the civil court of cassation as part of the Supreme Court regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions in civil cases. The main grounds for canceling or changing court decisions in the process of consideration of the specified category of cases have been determined. The analysis makes it possible to single out procedural errors, which form the basis for the cancellation of decisions of previous instances. A person who did not take part in the case, if the court decided the issue of his rights, freedoms, interests and (or) obligations, has the right to file a cassation appeal against the court decision only after it has been reviewed in the appellate procedure according to his appeal. After the opening of cassation proceedings based on the cassation complaint of a person who did not participate in the case, but the court decided the issue of his rights, freedoms, interests and (or) duties, such a person enjoys the procedural rights and bears the procedural obligations of a participant in the case. The cassation appeal concerns a question of law that is of fundamental importance for the formation of a unified law enforcement practice. The study of the practice of cassation appeals of court decisions in civil cases regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions makes it possible to single out typical violations that occur, taking them into account in practical activities, which allows to avoid violations of rights, freedoms and legitimate interests persons participating in the proceedings, and also contributes to the adoption of a legal, substantiated and reasoned court decision.

THE APPLICATION OF JOINT CUSTODY CONCEPT IN RELATION TO THE CUSTODY OF THE CHILD

<span lang="EN-US">In Indonesia, the execution of court decisions regarding child custody is still a matter of debate among legal experts because the object is a person (human), not an inanimate object. This research will focus on discussing how regulations and execution of court decisions regarding child custody are carried out as well as how the concept of joint custody can be applied to minimize disputes related to child custody. This research is normative juridical research with a statutory and conceptual approach. Even though there are no regulations in Indonesia that comprehensively regulate child custody or its execution, the execution related to child custody can still be carried out guided by generally applicable procedures regarding execution of court decisions. The execution of child custody rights carried out in this way has a low level of success and is prone to causing problems where children's rights which should be protected are violated. For this reason, it is hoped that the concept of joint custody can be applied to minimize the emergence of disputes related to child custody.</span>

The Nature of the Role of the Prosecutor's Office in Preventing Corruption in Maluku Province

Objective: The aim is to emphasize the vital role of grassroots development, especially in villages, in bolstering the local economy and fueling national economic progress. This is supported by the third nawacita program, which prioritizes regional and village development within Indonesia's unitary state structure. Law Number 11 of 2021 clarifies prosecutorial functions, empowering the Attorney General to recover assets from criminal activities and allocate them appropriately. Theoretical framework: Law Number 11 of 2021 amends Indonesia's prosecutorial system, granting prosecutors autonomy and authority to recover assets from criminal activities. Concurrently, the management of village funds, governed by the Village Law, faces corruption challenges, prompting the Maluku High Prosecutor's Office to implement preventive measures like the CIA system. This study aims to evaluate the office's efforts in combating corruption in village funds, recognizing Indonesia's development starts at the grassroots to bolster the national economy. Method: Empirical sociological (field) research that examines the reality of law in society, focusing on the gap between expectations and reality in the legal field. Meanwhile, normative research examines norms, principles, theories and comparative law. The author combines these two types of research in this study, with a qualitative approach. Results and conclusion: Prosecutors in Maluku Province play a role in corruption prevention by carrying out a range of actions under the law, including investigation, prosecution and execution of court decisions. They also form government safeguarding teams, provide supervision, and implement programs such as Jaksa Masuk Desa. Prosecutors receive complaints from the public as part of their commitment to curbing corruption. Factors such as legal knowledge, legal awareness, community culture, and the substance of the law influence the AGO's role in corruption prevention efforts in Maluku. Originality/value: This research is expected to contribute thoughts and considerations for the Attorney General's Office, especially in the Maluku High Prosecutor's Office, regarding its role in preventing criminal acts of corruption in the management of village funds in Maluku Province.

The Nullity Regime in the Criminal Process in Romania

Nullities represent procedural sanctions that intervene if the fundamental principles of the criminal process are not respected. What is imperative to mention is the fact that these procedural sanctions operate only judicially, which means that they must be ascertained by the judicial body. Unlike the old regulation, the new criminal procedure code regulates new cases of relative nullity and essentially changes the procedure for the application of nullities, the new legislator wanting to impose a new technique for approaching the drafting of the rules. Thus, we find the rules that regulate the conduct of the criminal process in the code of criminal procedure, Constitution, special laws, CEDO s.a. With regard to the procedural phase in which these rules may be violated, the cited provisions are applicable from the start of the criminal prosecution in rem, throughout the criminal prosecution, the preliminary chamber, in court, appeal, extraordinary appeals, including in the execution of court decisions.

Жасанды интеллектіні Арбитражда қолданудың перспективалары

The article is devoted to the possibilities and problems of application of artificial intelligence (AI) systems in the arbitration of the Republic of Kazakhstan, i.e.: in forensic examination, analytical and organizational work, adjudication, interpretation and analysis of law, as well as control over the adoption and execution of court decisions. In the course of the research the foreign experience of using artificial intelligence systems in the judicial systems of Great Britain, the USA and the Netherlands was analyzed. In addition, three main directions of application of artificial intelligence in judicial proceedings were identified. Based on the application of artificial intelligence in practice, it was determined that the use of the European Charter of Ethics in the legislation of judicial and law enforcement systems leads, as predicted by researchers, to positive and negative consequences of use. In addition, it was determined that the use of artificial intelligence in judicial proceedings can optimize the judicial system, prevent subjective attitudes, corruption and possible miscarriage of justice, and risk is necessary. These include: compliance with the ethical principles of artificial intelligence, the impossibility of ensuring transparency and verifiability of court decisions made by artificial intelligence, their legislative non-approval and non-compliance with the requirements of law, protection of personal information. In conclusion, recommendations are given to prevent the negative impact of the introduction of artificial intelligence in arbitration.

Implementasi Pasal 10 Huruf A Undang-Undang Nomor 22 Tahun 2022 Dalam Pemberian Hak Remisi Bagi Narapidana di Lembaga Pemasyarakatan Narkotika Kelas IIB Muara Sabak

In Article 10 paragraph (1) letter a of Law Number 22 of 2022 concerning Corrections, it is explained that prisoners who have fulfilled certain requirements without exception are also entitled to remission. However, in its implementation in the field, it turns out that there are various problems that arise. The aim of this research is to understand and analyze the implementation of Article 10 Paragraph (1) Letter a of Law Number 22 of 2022 in granting remission rights to prisoners in Class IIB Muara Sabak Narcotics Prison, to analyze the factors that hinder them and efforts to overcome them, as well as ideal arrangements for granting remission rights for convicts in the future. The method used in this research is empirical juridical which uses primary data. The results of the research show that the granting of remission rights to prisoners in the Class IIB Muara Sabak Narcotics Prison is guided by Article 10 Paragraph (1) letter a of Law Number 22 of 2022 concerning Corrections, but its implementation is still not effective. The factors that influence the granting of remission rights to prisoners in the Muara Sabak Class IIB Narcotics Prison consist of internal factors include: The mechanism for assessing prisoner behavior using the SPPN instrument is less effective. There are still violations committed by prisoners which result in disciplinary punishment so that the prisoner's proposal for remission is rejected. Meanwhile, the external factors are: There are still delays in the execution of court decisions by the Prosecutor's Office which results in the registration process in prison being late. Efforts to overcome this include: The prison authorities should make a step to simplify the system for assessing the behavior of correctional inmates, Activate both security and coaching programs to shape the character and stimulate changes in behavior of inmates, and Strengthen synergy between the prison authorities and the detention authorities in carrying out executions prisoner. The ideal arrangements for granting remission rights to prisoners at the Class IIB Muara Sabak Narcotics Correctional Institution in the future include: The prison authorities coordinate with the detention authorities, so that prisoners who have been detained for more than 6 (six) months can have their behavior assessed using the SPPN instrument, and the Prison authorities propose rights. remission for detainees who have been detained for more than 6 (six) months in succession with due observance of the provisions of Article 148 of Permenkumham No. 3 of 2018.

The quality of judicial decisions in cases of bullying in professional educational institutions

The positions of scholars on the concept of “judicial decision quality” have been examined. Criteria for a high-quality judicial decision include justice, timeliness, justification, clarity, clear language, and an accessible style. The researchers also distinguish between objective (legal training, legal experience, qualification requirements for judicial candidates, opportunities for practicing judges to improve their skills, mechanisms for monitoring the work of judges, unrestricted public access to judicial decisions, the role of legal science in analysing judicial decisions) and subjective (the judge’s personality, salary, social guarantees, working conditions and ability to organise their work) factors that affect the quality of a judicial decision. The summaries of judicial practice and analytical work on the application of the Supreme Court’s legislation focus on the following requirements for the quality of drafting and execution of court decisions in cases on administrative offences: execution of a judicial decision with strict compliance by the court with the requirements established by law to its form and content, compliance with the legislation on the language of legal proceedings.
 Normative legal acts aimed at developing a unified approach to understanding the quality of judicial decisions have been analysed. Requirements for determining the quality of a judicial decisiont are considered in the Conclusion of the Advisory Council of European Judges No. 11 (2008) on the quality of judicial decisions, including external environment – legislation and economic and social context (legislation, resources, actors in the judicial system and legal education), internal environment - professionalism, procedural rules, case consideration and decision-making (professionalism of the judge, procedural rules and case management, case consideration in court, elements inextricably linked to decision-making).
 Judicial decisions in cases of bullying in vocational education institutions adopted in accordance with the provisions of the Code of Ukraine on Administrative Offences are considered with regard to the presence or absence of requirements for the quality of judicial decisions. It has been established that a certain number of judgements do not have the components of judicial quality.
 Shortcomings of the current legislation on administrative offences have been highlighted. In particular, the outdated provisions of the Code of Ukraine on Administrative Offences; the absence of an article that would provide for the adoption of rulings by courts in the name of Ukraine in cases of administrative offences, etc.
 The article analyses the judicial decisions made by courts in the period from 2019 to 2021 in cases on administrative offences involving bullying of participants in the educational process in vocational education institutions in terms of their clarity (comprehensibility) and validity. It has been highlighted that most judicial decisions contain an exhaustive list of evidence in the case; the courts comply with the requirement to find out whether an administrative offence has been committed, whether the person is guilty of committing it, whether he or she is subject to administrative liability, etc..

On the concept and content of the prosecutor’s legal claims in the administrative delict aspect

The article is devoted to the essence of the concept and content of the prosecutor’s legitimate demands in the administrative delict aspect. The author emphasizes that the prosecutor’s legitimate demands are an important guarantee of ensuring law and order in Ukraine. They contribute to the protection of human and civil rights and freedoms, and the interests of society and the State. However, referring to a specific provision, it is almost impossible to define the concept and nature of such requirements. It is stated that the legal requirements of the prosecutor relate to: maintaining public prosecution in court; representation of the interests of a citizen or the State in court; supervision over the observance of laws by the bodies conducting operational and investigative activities, inquiry, pre-trial investigation; supervision over the observance of laws in the execution of court decisions in criminal cases, as well as in the application of other coercive measures related to the restriction of personal freedom of citizens. It is proposed to understand a request as a certain appeal (letter, notification) drawn up in an arbitrary written form, submitted or sent by an authorized entity to the addressee. The peculiarities of the prosecutor’s legal claims include the following: 1) regulated by the provisions of various laws; 2) implemented by the prosecutor within various types of proceedings/procedures; 3) official in nature; 4) mostly made in writing; 5) binding in nature; 6) failure to comply entails liability for the subject (addressee); 7) issuing requirements beyond the scope of authority entails liability for the prosecutor as provided by law. The author concludes that the effective and professional exercise by a prosecutor of his/her powers, including the right to make legal demands, depends not only on his/her compliance with the rules of procedural law, but also on the quality of the rules themselves. The problem may be solved by directing further scientific research to amendments and additions to the current legislation with regard to specifying the essence of the prosecutor’s legal claims.

Execution Of Court Decisions In The Form Of Confirmation Of Narcotics Evidence For The State (Case Study Of Execution Of Decision No 39/Pid.Sus/2020/PN, BYL)

This research examines the perspective on the execution of court decisions on narcotics evidence confiscated for the state. The purpose of this study is to find out the implementation of the execution of seized narcotics evidence for the State in terms of criminal law and Narcotics Law. The research uses empirical and juridical approach methods. The execution of the court's decision on narcotics evidence is contained in ruling No. 39/Pid.Sus/2020/PN.BYL stated that the narcotics evidence seized is for the state. The destruction of evidence of narcotics is regulated in Law Number 35 of 2009 concerning Narcotics, and the Attorney General's decision number: KEP-089/J.A/1988 concerning Settlement of Confiscated Goods in Articles 12 to 14. The results of this study show how the mechanism for completing the process of confiscation of seized narcotics evidence for the state is viewed from the perspective of criminal law. This researcher wants to explain what is the mechanism for implementing criminal case decisions regarding seized narcotic evidence for the State. Judging from the importance of destroying narcotics confiscated goods, it is necessary to know the procedure for destroying narcotics confiscated goods so that they are more in line with the procedures described in the law. As stated that the purpose of administering criminal procedural law in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is to achieve and obtain or at least approach material truth (substantial truth) namely the complete truth of a criminal incident by applying the provisions of criminal procedure law honestly and appropriately.

Pandemi Covid-19 As A Factor of Delays in The Execution of Court Decisions

Judicial decisions that have permanent legal force contain definite and permanent legal rights and positions between the litigating parties that must be realized through execution. Execution is a forced effort by the court against the defendants who don’t want to implement the judicial decisions voluntarily.The aim of this research is to know the factors that caused the delay in the implementation of the real execution in civil case No. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019 at Purwakarta District Court. This research uses empirical legal research methods with a qualitative approach. To be able to obtain the necessary data, the authors use several methods, namely interviews and document analysis. The results of this research show that third-party resistance and the COVID-19 pandemic are factors causing the delay in the real execution of civil case no. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019. In principle, even if there is resistance, the execution is not absolutely delayed unless the reason for the resistance is rational; in that case, the execution is delayed at least until the resistance is decided by the District Court. Meanwhile, health reasons and the government’s policy not to carry out activities that create crowds (Physical Distancing) are the basis for considering the COVID-19 pandemic as the cause of the delay in the real execution. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law.

Legal Policy of State Financial Losses Arrangement In A State-Owned Enterprise

This research aimed to examine the elements of state loss in regulations concerning the legal policy of state financial arrangements in a bankrupt state-owned enterprise and to analyze the effort of asset recovery related to state loss due to corruption based on the prevailing law in Indonesia and China. This is normative legal research with a comparative approach, with China being taken as a comparison. The study indicated that the elements of state loss are short of money, securities, and goods; it was caused by unlawful actions, either intentionally or negligently; and losses whose amount can be calculated based on the findings of the authorized agency or appointed public accountant, in the Indonesian legal system, asset recovery efforts can be examined from the perspective of criminal law and administrative law. The substance of state finances reveals the same element, namely that the financial loss of SOEs is a loss to state finances. In the execution of court decisions on SOE-owned assets in bankruptcy cases, the regulation does not provide fair legal recognition, protection, certainty, and equal treatment before the law in the management and accountability of state finances.

ON CERTAIN ISSUES OF ANALOGICAL LEGAL REASONING IN CIVIL PROCEEDINGS IN UKRAINE

The article is devoted to the application of the analogy of the law in civil proceedings in Ukraine. It has been found that despite the lack of legislative enshrinement of the procedural analogy in the Civil Procedure Code of Ukraine, its application is consistent with the legal opinion of the Grand Chamber of the Supreme Court and is therefore legitimate. The court of cassation instance has already formed the practice of applying procedural analogy, in particular in matters of judicial control over the execution of court decisions and restoration of lost proceedings. An analysis of potential cases of the need to apply the analogy of the law in the Civil Procedure Code of Ukraine was carried out, and recommendations were formulated for the application of certain civil procedural norms by analogy of the law. The grounds for applying the analogy of the law and the subsidiary application of legal norms are delineated; it is established that if the law provides for subsidiary application (for example, the rules on simplified claim proceedings - to the appeal proceedings), then it has priority over the analogy of the law. It is justified that in those cases where it is possible to apply a systematic interpretation of legal norms, there is no gap, and the application of analogy in such a case is impossible. The exceptional nature of the application by analogy of the norms of other branches of procedural law has been proven - only in the case of impossibility of the application by analogy of the norms that regulate civil proceedings. Thus, it is appropriate to apply the norm of Part 3 of Article 415 of the Criminal Procedure Code of Ukraine regarding the binding nature of the conclusions of the appellate court after the annulment of the verdict in the part of the civil claim and the appointment of reconsideration of the civil claim in accordance with the Civil Procedure Code of Ukraine. At the same time, the application of norms from other procedural branches should not introduce into civil proceedings those institutions, principles and procedures that are not characteristic of it. It has been established that it is impossible to expand the range of procedural obligations of the participants in cases and to expand the list of grounds for the application of procedural coercion measures in the manner of applying the analogy of the law. The need for legislative power to respond to gaps in the civil procedural law revealed by law enforcement practice is substantiated; the necessity of enshrining the procedural analogy in the text of the Civil Procedure Code of Ukraine, as well as the grounds and limits of its application, is motivated.

УМОВИ НАКЛАДЕННЯ ШТРАФУ НА ПЕНСІЙНИЙ ОРГАН ЗА НЕВИКОНАННЯ РІШЕННЯ СУДУ В АДМІНІСТРАТИВНІЙ СПРАВІ

Purpose. The scientific article is devoted to the analysis of conditions, in the presence of whichit is possible to impose a fine for non-compliance with a court decision on the head of a subjectof authority, namely the head of a pension body. First of all, this study is aimed at improvingthe efficiency of justice, improving the quality of execution of court decisions in disputes withthe Pension Fund of Ukraine, which are considered in the order of administrative proceedings.The main goal of the study is to identify regulatory gaps in the regulation of the specified issue,problematic aspects of judicial practice and search for ways to solve them. Methods. In theprocess of writing the article, the following methods were used: dialectical (it accompaniedthe entire research process and allowed to consider the development trends of the institutionof imposing a fine for non-compliance with a court decision), systemic (it allowed to considerthe institution of imposing a fine for non-compliance with a court decision as a component ofthe administrative process), logical analysis, systemic functional, deduction, induction (whenformulating scientific proposals for improving current legislation) and others. The choice and useof the specified methods in the publication is sometimes combined depending on the solution ofspecific research tasks. Results and conclusions. In the course of the conducted research, both normative and copyright conditions for imposing a fine on the head of a subject of authority forfailure to comply with a court decision provided for in Article 382 of the Civil Code of Ukrainewere highlighted. The author substantiates that the imposition of a fine should always be precededby the establishment of a new deadline for submitting a report on the execution of the courtdecision. Also, the issue of imposing a fine must be decided at a court hearing. Moreover, thehead of the subject of authority should be invited to such a meeting, because it is to him that theproperty sanction will be applied. Finally, it is necessary to carefully, and not formally, find outthe real reasons for the non-execution of the court decision.In addition, attention is focused on the mandatory details of the decision on the imposition of afine. This should contain the surname, first name, patronymic of the official, his RNOKPP andplace of residence. In the opposite case, without specifying the specified information, it will beimpossible to execute the decision on the imposition of a fine. It is proposed to make changes toArticle 294 of the Civil Code of Ukraine, which would make it impossible to appeal in the appealprocedure the court decision on the obligation to submit a report on the execution of the courtdecision or to set a new deadline for such submission.

The application of the laws "on administrative procedure" and "on media" in the mechanism of counteracting domestic violence

The scientific article provides grounds for the necessity of improving legal mechanisms to counteract domestic violence, whose dynamics tends to increase in the conditions of the pandemic of the coronarous disease, and then the full-scale Russian aggression against Ukraine. It has been established that the laws "on Administrative Procedure" and "on Mediation" adopted recently in Ukraine have an effect on the effectiveness of counteracting domestic violence. It has been established that the urgent prohibited requirement issued by the subdivisions of the National Police has all the characteristics of the administrative act: It is the decision of the administrative body – the authorized subdivision of the National Police; it is adopted unilaterally; it contains an indication of the obligation of the person or the prohibition; it is accepted in relation to the person who is outside the organizational structure of the administrative body. Therefore, its adoption should be based on the rules established by the administrative procedure legislation as well. This will allow the victim to be involved in the proceedings as a interested person, which will result in the submission of a number of procedural rights, in particular, to access the case materials, submit a petition, appeal procedural decisions and decisions on the case. In addition, more guarantees will be provided for the addressee of the urgent prohibition - the offender. Mediation in cases of domestic violence can be applied in administrative responsibility for domestic violence, in the execution of court decisions in the case, and also in the imposition of a term ban, which does not exclude the imposition of a penalty on a person and the application of other coercive measures, but instead, serves as a basis for resolving the conflict between the offender and the injured person. Mediation can be a so-called "soft" way of solving the problem, which will reduce the pressure on the police and courts, and will also help to find the best solution for the parties to the conflict.

Dinamika Kedudukan Hukum Jaksa sebagai Pengacara Negara Pasca Undang-Undang Kejaksaan

The paradigm of society against the institution of the Indonesian Prosecutor's Office is generally only in criminally charged cases only. This is because, the role of the Prosecutor is quite central in the criminal law enforcement process. This research uses normative juridical methods by reviewing primary and secondary legal materials, which are then processed and presented to solve the problems that the authors raised in this study. The results and discussion showed, the Prosecutor is not only what is commonly known in the criminal domain, namely the Public Prosecutor, but there is also a State Attorney's Office. The prosecutor as a public prosecutor has the authority to carry out the prosecution and execution of court decisions. Meanwhile, the prosecutor as the state attorney is authorized in the civil and administrative affairs of the state to act through a power of attorney authorized for it both as a plaintiff and a defendant. Second, the latest prosecutor's law provides legal certainty and existence with the inclusion of the phrase "State's Attorney" on the role of the Attorney General in addition to being the highest Public Prosecutor. The conclusion is that the Prosecutor's Office acts not only in the criminal domain, but civil and state governance. The latest Law of the Prosecutor's Office becomes a regulation that is expected to strengthen the authority of the Indonesian prosecutor's institution to enforce the law in Indonesia and strengthen the existence of the Prosecutor as a State Lawyer in the juridical state.

Problematic in The Civil Decision Execution Process in Indonesia in Order to Realize Court Excellence

The duties and responsibilities attached to the position of the Head of the District Court have required him to examine and review every petition for execution submitted to the District Court he leads. This is necessary in order to avoid obstacles to the execution of court decisions that already have permanent legal force. Therefore, this paper aims to describe the causes of obstacles in the execution of court decisions that have permanent legal force. The method used in this research is descriptive-analytical method with the main approach is normative juridical. This study found that the main causes of delays in the execution of court decisions that already have permanent legal force include limited executors, limited budgets, opposition by other people or third parties, and judicial review of court decisions. In order to overcome the obstacles faced in the execution by the Supreme Court of the Republic of Indonesia, it is necessary to prepare State Civil Apparatus that specifically becomes executors by carrying out education in accordance with the main functions that are quite adequate

Community Guidance in the Era of COVID-19 on Children in Conflict with the Law

The purpose of this study was to examine and analyze the obstacles that occur in the implementation of the assistance of the Surakarta Penitentiary Community Counselor for Children in Conflict with the Law. The approach method in this writing is sociological juridical. Data collection techniques using interview studies, and observation. To analyze the data, the researcher used a qualitative descriptive analysis method. Based on the results of the study, it was concluded that the Surakarta Penitentiary's Social Advisor for Children in Conflict with the Law was carrying out assistance, guidance, supervision, and Community Research on children in conflict with the law. Assistance at every level of examination is carried out during the implementation of diversion and execution of court decisions or decisions.

Perlindungan Hukum pada Debitur atas Penarikan Objek Jaminan Fidusia melalui Parate Eksekusi

Introduction: The arrangement for the execution of fiduciary guarantees as explained in the decision of the Constitutional Court Number 2/PUU-XIX/2021 requires the execution of a fiduciary guarantee certificate which is carried out and applies the same as the execution of court decisions which have permanent legal force. 
 Purposes of the Research: This study aims to find out how the procedure for withdrawing fiduciary guarantees is through the execution parate, and what forms of legal protection are given to debtors for the withdrawal of fiduciary guarantees through the execution parate.
 Methods of the Research: This study uses a normative legal research method, which aims to determine the procedure for withdrawing fiduciary guarantees through the execution parate, and how the form of legal protection is given to debtors for the withdrawal of fiduciary guarantees through the execution parate. 
 Results Originality of the Research: Legal protection for debtors for the withdrawal of the object of fiduciary security is strengthened through the decision of the Constitutional Court Number 2/PUU-X1X/2021. The decision regulates the existence of an agreement or voluntary surrender of the object of fiduciary security from the debtor to the creditor without any act of unilateral control of the object of guarantee by the creditor. On the other hand, if there is no agreement or voluntary surrender, then new control can be carried out with the knowledge of the court

Pembaharuan Hukum Perdata di Indonesia

The politics of codification in the renewal of national civil law must also pay attention to the existence of the legal rules contained in Islamic law and customary law as sources that can be used as material in the renewal of national civil law. There are two important issues in the agenda of revising the national civil procedural law, that is; regarding aspects of evidence that must adapt to technological advances and various models of civil transactions, regarding the execution of court decisions which so far have failed to be executed in the absence of the involvement of law enforcement. For things that are not possible to be uniformed, they are left as they are now while still treating their respective customary and religious laws in accordance with what has been done with Law no. 1 of 1974 concerning marriage.

Problematic Issues of Liability for Crimes against Justice in the Criminal Law Doctrine

The study of problematic issues of responsibility for crimes and misdemeanours against justice becomes particularly relevant, considering the reform of judicial proceedings, and the discussion in the scientific community of the draft Criminal Code of Ukraine. The study applied a dialectical approach and the corresponding method, a systematic approach, methods of system analysis, technical and legal analysis, formal and logical, and sociological approaches. The purpose of this study is to formulate proposals on the structure of the division on responsibility for crimes, misdemeanours that encroach on the established procedure of legal proceedings, execution of court decisions, initial provisions on the regulation of the material basis of criminal liability for certain groups of encroachments on the established procedure of legal proceedings, execution of court decisions, approaches to criminal law protection of professional advocacy in the draft Criminal Code of Ukraine. As a result of the study, it was concluded that the criterion for systematisation of norms within the structural division of the draft Criminal Code of Ukraine on responsibility for encroachment on the established procedure for legal proceedings and enforcement of court decisions should be taken as a specific object of relevant crimes and misdemeanours. It is proposed to provide in the draft Criminal Code of Ukraine responsibility for interference in the activities of special victims – participants in relations on the implementation of legal proceedings and the execution of court decisions with differentiation of forms of such influence on the relevant victims depending on its intensity, which, accordingly, have different degrees of public danger. The expediency of placing in the structural unit of the draft Criminal Code of Ukraine on liability for crimes and misdemeanours against justice, the rules protecting social relations that ensure the activities of the defender, the representative of the person has been substantiated. At the same time, it is proposed to provide for a separate provision in the structural subdivision of the special part of the Criminal Code of Ukraine, where the object is social relations to ensure the socio-economic rights of a person, which would establish liability for intentional obstruction of a lawyer in the exercise of their lawful professional activity, in the absence of signs of criminal offences providing for liability for unlawful influence on a defender or representative. The provisions and proposals formulated by this study may be useful when developing the draft Criminal Code of Ukraine.