Judicial Environment Research Articles

KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.

SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.

CREATING A STANDARDIZED ASSESSMENT FOR COURT ACCREDITATION

The improvement of court’s quality has been done through various efforts, one of them is an accreditation program. Before the implementation of internal accreditation policies, the courts under the Supreme Court had used ISO standards to maintain the service quality. Along with the development of judiciary innovations especially the dream toward the great judiciary, the Supreme Court has developed special accreditation standards for each judicial environment. General Court (Badilum) has implemented the Quality Assurance Accreditation (APM) programme in 7 assessment areas. Afterward, the Religious Courts (Badilag) in addition to 7 APM areas as in Badilum also applied 9 other assessment standards. Furthermore, the Military and Administration Agency (Badilmiltun) has 7 different accreditation assessment areas with Badilum and Badilag. The problem that will be examined is how to determine the ideal criteria for assessing court accreditation. Given that the ideal accreditation standard is not only improving the quality of court services but also being able to meet the needs and expectations of justice seekers, as indicated by the community satisfaction index. The court accreditation standard used today is the adoption of the International Framework of Court excellent (IFCE) and is adapted to the area of Bureaucratic Reform and the oversight function of the Supreme Court. The method of determining accreditation criteria is done by comparing court accreditation standards that have been used with the SERVQUAL model. The SERVQUAL model is an initial model that appears to measure service quality. The results of the study found that a number of court accreditation assessment standards has been represented the dimensions of service quality at SERVQUAL.

ئاسایشى یاسایی لە عێراق یاساى بازرگانى و کارگێڕى بە نموونە

This research deals with legal security, which is one of the most important elements of a legal state based on the rule of law. This leads the public authorities to commit themselves to ensuring some degree of stability in legal relations and a minimum level of stability for the legal centers, so that individuals can act with confidence in the guidance of the legal rules and regulations that are in place and arrange their conditions without being subjected to sudden actions that undermine their legitimate expectations and destabilize their legal status; as an individual can only obtain his or her legitimate rights under established and stable legal system in all areas. The existence of some kind of relative stability in legal relations reinforces the stability of legal centers and promotes peace and tranquility and achieves human security in its broad dimensions. In contrast, the instability and disorder of laws create chaos, sedition and the disruption of the normal lives of individuals, thereby compromising the sovereignty and prestige of the state. To this end, it is necessary to look for the elements that stabilize legal rules in a manner that guarantees the fundamental rights and freedoms of individuals under state sovereignty and law. The appropriateness of the law to society is measured by the extent to which the law responds to the requirements and needs of the society. The more the rule of law is accepted by the addressees, the more realistic it is and the better it will be in practice. However, reaching that aim cannot be achieved in the absence of a clear and predictable legislative vision. Respect for the legal rule is the result of respect for a sound and stable legal and judicial environment. The quality of the drafting and the legal text must be clear, easy to understand and precise in determining the requirements. In view of the forgoing, the research entitled Legal Security in Iraq - Commercial andAdministrative Law is a serious scientific effort to present the concept of legal security and the dimensions of its relationship with justice, the rule of law, stability and tranquility in society, and to indicate the gaps, shortcomings, shortcomings and legal contradictions in which the Iraqi legislators of commercial and administrative law have made, in order to address them and to identify appropriate suggestions and proposals to reduce them.

Measuring the Gains from Labor Specialization: Theory and Evidence

We estimate the productivity effects of labor specialization using a judicial environment that offers a quasi-experimental setting well suited to this purpose. Judges in this environment are randomly assigned many different types of cases. This assignment generates random streaks of same-type cases which create mini-specialization events unrelated to the characteristics of judges or cases. We estimate that when judges receive more cases of a certain type they become faster, i.e., more likely to close cases of that type in any one of the corresponding hearings. Quality, as measured by probability of an appeal, is not negatively affected. We conclude that the channel through which these effects operate is learning-by-doing and that it can be generalised to other types of jobs.

State Administrative Court as a Means to Realize Justice

The existence of 4 (four) kinds of judicial environment in the Judicial Authority in Indonesia, shows a judicial system adopted in Indonesia. the State Administration Judiciary is a apart of judicial power under the Supreme Court that examines cases relating to state administrative decisions. This article discusses the resolution of disputes as a result of the issuance of state administrative decisions in the state administrative court. This problem will be answered by using the legislation approach and case approach, with analysis using qualitative methods. To test a state administrative decision, a tool is needed to validate a state administrative decision. standard for testing the validity of the state administrative decisions in the examination at the state administrative court, are the laws and regulations and the general principles of good governance.

Mediating Judges in China and the Netherlands: An Empirical Comparison

This article compares the judicial mediation practices in the Netherlands and in China. It analyzes original and rich data obtained through in-depth fieldwork in courts in both China and in the Netherlands. Through comparison, we find Dutch and Chinese judges share similar mediation skills and techniques in judicial mediation. However, the interviewed litigants give contrasting evaluative opinions to the judicial mediation and to the on-going litigation procedure: the Dutch litigants are generally satisfied while the Chinese litigants are less so. This paper seeks to explain what caused the opposite outcomes. We attribute the cause to different judicial environment, judges’ motivation promoting mediation, and how mediation is conducted. The article concludes by challenging the ideas of promoting the “settlement judge” in a developing legal context.

Some Clarity on Mutual Fund Fees

Analyses of mutual fund fees have differed over whether fees are responsive to the forces of competition. Some academic and legal scholars argue that because mutual fund markets possess some of the indicia of competitive markets, fees must approximate marginal costs and thus cannot be excessive. Others argue that structural anomalies in mutual fund governance allow fund managers to overcharge mutual fund investors. This paper resolves the disagreement. It presents compelling evidence that investment management fees, a major component of total fees are immune to the forces of competition. This is accomplished with a combination of financial and legal analysis. We survey the universe of mutual fund assets and fees over time. We find that between 2005 and 2015 total expense ratios declined; principally because investors allocated an increased proportion of their funds to passively managed open end and exchange traded funds. However, over the same period assets on actively managed open end funds more than doubled while investment management fees, also known as advisory fees increased slightly. This outcome is inexplicable in economic terms but consistent with the legal environment the investment management industry operates in. Indeed, we show how the industry has shaped the environment. The genesis of the fee anomaly is the 1970 Amendment to the Investment Company Act of 1940. Studies by the Wharton School and the SEC showed investment management fees higher than fees subject to competitive forces. The Commission recommended that advisory fees should be reasonable. and enforceable in court. The investment management industry pushed back against this recommendation and successfully killed the Commission's proposal, following which Congress, the Commission, and the industry crafted a compromise. that made investment advisers fiduciaries with respect to fees and gave investors private cause of action. As evidenced by the inelasticity of management fees, the purported solution to the problem was ineffective. We show how Congress signaled its endorsement of the status quo and how the courts have interpreted the Congressional signal: cases up to and including the recent Supreme Court decision in Jones v. Harris have been uniformly negative for plaintiffs. No plaintiff has ever received an award under the 36(b) statute. As a result of the industry-favoring political and judicial environment, investors in actively managed mutual funds are overcharged by about $30 billion per year. The investment management firms who sponsor and brand actively managed mutual funds earn monopoly profits and excess returns for their owners.

In the last years, many scholars and professionals from the socio-sanitary, educational and judicial environments have started to pay increasing attention to Child to Parent Violence (CPV).

espanolLa Violencia Filio-parental (VFP) ha suscitado en los ultimos anos el interes de numerosos investigadores y profesionales del ambito socio-sanitario, educativo y judicial. Sin embargo, no existe un consenso sobre el concepto, encontrandonos en la literatura cientifica diferentes definiciones sobre esta problematica. La confusion y la disparidad de resultados encontrados en las diferentes investigaciones, induce a preguntarse si en todos los casos se esta hablando del mismo problema. El presente articulo tiene como objetivo: presentar a aquellas personas interesadas en este problema, una definicion que sirva de herramienta para futuras investigaciones y propuestas de intervencion que posibilite delimitar lo que es y no es VFP. Tras una revision de la literatura especifica, la recopilacion y seleccion de las principales definiciones disponibles y su analisis y codificacion, se crearon diferentes categorias que fueron debatidas por los 11 profesionales que formaron el panel de expertos. El resultado obtenido es una definicion consensuada, precisa y practica sobre VFP expresada en un lenguaje con perspectiva de genero. EnglishIn the last years, many scholars and professionals from the socio-sanitary, educational and judicial environments have started to pay increasing attention to Child to Parent Violence (CPV). This emerging phenomenon, however, does not seem to find a consensuated definition in the relevant scientific literature. The confusion found around this concept, as well as the disparate results arising from different research projects, lead us to wonder whether they are all referring to the same problem. The aim of this paper is to clearly establish what is Child to Parent Violence, as well as to provide a definition of the term as neutral and clear as possible, that can become useful and accessible to everyone interested in this problem. This definition can also play a significant role as a tool in future research and intervention proposals. After selecting the main definitions among those available in the specific literature, they were scrutinized and codified to find those categories relevant to the analysis, which were in turn debated by 11 experts in a discussion forum. As a result, we provide a precise and useful definition of CPV phrased employing a gender perspective language.

Media and Justice in Cameroon or the Dynamics of a Dual Interaction

Information on justice in Cameroon examines the balance of power between justice and the media in an environment characterised by an interaction highlighting tension between the objectives of the field of journalism confronted with constrains and the rigours of a judicial environment that preserves its tenets. Referring to the TOURAINE approach which associates the sociology of action with the theory of conflicts, prompts strategies of actors vacillating between conflict and collaboration, in a dynamics with well-defined requirements: if legal matters easily become media events, the contrary, namely the influence of justice by the press is hardly recognised by the judge, confronted with the norms governing his socio-professional group. Influence, if necessary, emerges from two narrow channels: speedy proceedings and exemplary sentence.

KEWENANGAN PENGADILAN MILITER UTAMA DALAM MELAKUKAN PENGAWASAN PERADILAN MILITER

The State of the Law is identical with the Unitary State of the Republic of Indonesia which has its basis in the RegulationsLegislation namely the 1945 Constitution of the State of the Republic of Indonesia, to the StateUnity of the Republic of Indonesia there are three famous teachings on tries political, namely the executive, legislative and judicative, each of which has authority over the supervision of each institution Unitary State of the Republic of Indonesia. The Judiciary has the supervisory authority on the judicial environment, in this case, is the military court environment which is the authority ofMain Military Court.

Countries Lending Infrastructure and Capital Structure Determination: The case of European SMEs

We test in a European context the impact of countries’ lending infrastructure on SMEs (small and medium sized enterprises) capital structure. Devised from Berger and Udell (2006), this infrastructure is comprised of the information, legal, judicial, bankruptcy, social, tax and regulatory environments. We find that SME debt is higher in countries with more efficient bankruptcy environments in terms of debt recovery and in countries with less stringent regulatory environments by way of lower capital regulatory requirements for banks. Components of the lending infrastructure are found to differ with debt maturity. Long-term debt is synonymous with efficient bankruptcy environments, while the information and legal environments matter more for short-term debt. The regulatory environment is important for both long-term and short-term debt. Our results also lend support for the Pecking-Order, Trade-Off and Agency theories of capital structure.

Model Proposal for Islamic Supervisory Boards in Financial Institutions

Islamic finance is a sector with growth potential. Muslims with religious sensitivity have started to bring their savings which used to be idle into the economy through the participatory banking, trusting them operating in compliance with Islamic principles. They prefer participatory banks over the conventional ones because of their religious values. It is critical not to lose the trust of customers in Islamic finance sector. For this reason, existence of Islamic Supervisory Boards (ISB) which make sure that the participatory banks operate in compliance with Sharia rules. In order for these boards to work independently and efficiently, the overall framework and standards must be developed. Moreover, for the ISB decisions to be consistent and supervisions to be accurate, existence of a national board is important in terms of reliability of the sector. The objective of this thesis is to address the functions and roles of the supervisory boards with the examples in the world and provide suggestions towards the general framework of an ISB model appropriate for the participatory banks in Turkey. This model is developed considering the social, economic, and judicial environment of Turkey and similar applications in the world. As a result of the evaluation of surveys and available sources within the methodology used in this study, it is concluded that the ISBs of the participatory banks in the country are not influential enough in the product development and other corporate processes, the reports are not being published so the system is not transparent enough. This in return, supports the validity of the hypothesis provided at the start of the study.

The regulatory environment of comparative advertisement in India – an analysis

Purpose – This study aims to compile the present situation of comparative advertisement in Indian markets and the existing legal remedies by citing some factual cases from the industry and important judicial pronouncements. Design/methodology/approach – It is a qualitative research based on primary and secondary source of information. Secondary sources comprise of statutory provisions of relevant act, articles/news items available in academic/trade journals and information generated from Government of India web sites. Primary research involved face-to-face interactions with practising advocates from Delhi High Court and Supreme Court of India in the area of trademarks. Information was collected on parameters related to efficacy, applicability, enforceability, monitoring, and legal issues of trademarks and disparagements. Findings – In India, comparative advertisement is relatively a new concept and the lawful remedies are not that strong as that is other countries. In the absence of the stringent laws, the practice of comparative advertisement has seen many derogatory consequences a few are mentioned here. The paper concludes by giving recommendations on the issues of legal aspects of comparative advertisement in India. Originality/value – This research paper attempts to provide an overall understanding of judicial environment on comparative advertisement in India which is still at its nascent stage.

Could Innovation also Emerge from the Public Sector? Creating an ISO-like Judiciary Quality Management Standard.

This paper explores the conceptual differences between the GICA-Justicia Project initiative and other available models, process performance guidelines, and tools. Comparison was basically carried out through a review of specialized literature, papers, and reports; semi-structured interviews and focus groups with experts in the judicial quality assurance field from different countries; and applying the authors’ experience as technical counterparts in the GICA-Justicia Project (co-authoring a Quality Management Standard and training/auditing during the Quality Management System deployment and accreditation stages). The paper is meant to unveil how the GICA-Justicia Quality Management Model and the GICA-Justicia Quality Management Standard, as GICA-Justicia Project by-products, combine to create an innovative process performance approach to quality assurance in judicial environments.

Trust in judicial institutions: an empirical approach

Abstract:This paper investigates the relationship between judicial resources and individuals’ trust in the justice system. We argue that the justice budget is likely to have a positive and significant impact on individuals’ trust in justice, thanks to its role as a signal when individuals face uncertainty regarding the judicial environment. We test this hypothesis empirically using three different budget-related variables: the justice budget per incoming case, the number of magistrates and the intensity of legal aid. Across our three regressions, we find a positive and significant correlation between judicial resources and individuals’ declared trust in the justice system. This positive relationship is robust to the introduction of socio-demographic, cultural, institutional and economic control variables. We finally offer empirical support to the intuition that the effect of the justice budget on trust in justice is likely to be greater when individuals are more satisfied with the level of democracy in their country.

Filippo Fontanelli, Giuseppe Martinico & Paolo Carrozza (eds). Shaping Rule of Law Through Dialogue. International and Supranational Experiences

Dialogue, this noble art, which, like many other things, was invented by the Greeks, is always a sort of collaboration, a way of trying to attain the truth. Perhaps this is why Plato used it as a literary vehicle when he wrote his Socratic dialogues, a corpus of pieces in which he laid the foundations of Western philosophy. Deeply impressed by the death of his mentor Socrates, Plato wrote some of the most brilliant and insightful works of all time, perhaps in order to keep on debating with his master after his death. In all likelihood, no-one since has ever had the same great ability to create such architectures of thought. His enjoyable and entertaining dialogues deal with essential topics such as the nature of time, politics, love, and death. Not only is his style concise and meticulous, with a proverbial ability to pose the right questions, but also didactic and kind. His dialogues enable all participants to engage in an inquiry which, despite not always being successful in reaching the desired goal, has at least proved to be a fundamental tool in the development of all expressions of human thought. The book under review is inspired, mutatis mutandis, by this very same philosophy regarding dialogue. As its editors (Filippo Fontanelli, Giuseppe Martinico, and Paolo Carrozza) point out in their introduction, �[t]he process of fragmentation of the international legal order and the absence of constitutional devices governing the connections between the various legal regimes can be reduced to a rational picture only through the activity of the judges� (at 23). This is why judges play a key role in creating and developing links between the different legal systems which constitute our multi-level judicial environment. The increasingly complex nature of the interaction between national and international judges has often been �

Organisational Management Peculiarities of the Public Sector Referring to Sports as a Public Sector Example

The article analyzes organisational management peculiarities of the public sector organizations, paying a special attention to sports as a public sector. The development of Lithuanian, as well as of the other postSoviet countries has caused sport system to go through the immense multimeaningful change. Structural changes inside the system, inside and outside judicial environment, the expansion of the market relations are an everyday success guarantee for every sport organisation. Dynamic development of sports requires timely and qualified decisions in a constantly changing environment of opportunities. The top sport manager plays an ideological role in the post-Soviet system. Top manager plays a crucial role in the modern sports world by putting his/her knowledge and capabilities to have the organisational goals met by striving for quality and meeting the needs of the members and market. The quest for higher performance by public organizations is a central and recurring theme in government policies and academic research (Boyne, Farrell, Law, Powell, Walker, 2003; Pollitt, Bouckaert, 2000). For complex and permanent modernization of public sector, a complex strategy of modernization is required (vision, mission, provisions, and concepts of modernization) (Skietrys, Raipa, Bartkus, 2008). An effective strategy formation capability is a complex organizational resource – a dynamic capability that should lead to superior performance (Slater, Olson, Hult, 2006). Although the notion of strategy has its origins in the military arena, strategic planning in recent years has been primarily focused on private sector organizations and much of the theory assumes that those in executive control of an organization have the freedom to determine its direction. Strategic planning is a means to an end, a method used to position an organization, through prioritizing its use of resources according to identified goals, in an effort to guide its direction and development over a period of time (Wilkinson, Monkhouse, 1994). Research on the general topic of organizational performance in the public sector is limited in quantity and quality (Boyne, 2003), so it is hardly surprising that the reversal of organizational decline has received little serious academic attention. Interest in the subject has come largely from practitioners rather than researchers (Borins, 1998; Moore, 1995). It is important to stress at the outset that public and private management are significantly different in several respects. For example, public organizations are generally more bureaucratic, public managers have less discretion over organizational missions and personnel, and the staff in public organizations is less likely to be motivated by financial incentives (Nutt, Backoff, 1993).

On the role of plea bargaining and the distribution of sentences in the absence of judicial system frictions

This paper examines the potential role that plea bargaining may serve in an environment where trials and incarceration are costless, there is no chance of convicting innocent defendants, and coercion is not necessary to obtain further information from arrested defendants. This analysis shows that even in the frictionless judicial system environment outlined above, a risk-averse society may still find it optimal to resolve a large fraction, or even all of its cases through plea bargaining. However, this is not always the case. If defendants are generally risk-loving, mutually acceptable plea bargains may not be possible, but when they are, the plea bargain sentences will necessarily fall short of even the expected sentence from going to trial, regardless of the relative bargaining power between prosecutors and defendants.

The Hazards of Precedent: A Parameterization of Legal Change

The overruling of prior case law is one of the most dramatic events in a common-law system, and the rate of overrulings is often considered an important measure of legal change. To measure this process more precisely, and thereby elucidate the relationship between legal doctrines of stare decisis and judicial behavior, software was written for the rapid collection of all binding precedents within a jurisdiction in a database, with their time of origin, indicator variables of interest, and their time and method of reversal or overruling. The present prototype study involved the extraction of the fifty thousand substantive opinions of the Illinois Supreme Court between 1819 and 2005. From this study population, 733 cases have failed, becoming no longer good law, of these, 504 cases have thus far been overturned by the court itself, a long-term trend that suggests the overall chance of being overruled converges toward approximately 1%. Certain types of precedents, such as those issued with a dissent, or having a constitutional aspect, are at significantly greater risk, and the more recent periods of court history expose all precedents passing through them to elevated hazard. Application of engineering and epidemiological techniques of hazard analysis allows specification of the time-dependent risk of failure experienced by a precedent. In addition, any concentration of precedent mortality, when controlled for intrinsic characteristics of the precedents at risk, is an indicator of an unusually hazardous judicial environment. In Illinois, a risky environment appears in the middle of the twentieth century, and is correlated with a change in the state’s doctrine of stare decisis, which began to de-emphasize the protective value of a precedent’s age. A simple model relates the apparent effect of the exposing older precedents to greater risk to a spike in legal instability, followed by a higher equilibrium rate of court overruling. Hazards regression and related statistical techniques, combined with automated generation and coding of citation databases, appears to be a promising method for diagnosis of legal dynamics, understanding episodes of legal change, and estimating the relative likelihood that a current rule of law will eventually be overturned.