Lawsuit In Court Research Articles

Legal Protection Against Subrogation Without an Authentic Deed as a Binding Agreement in Banking Practices in Indonesia

The practice of subrogation without an authentic deed in the Indonesian banking sector creates significant legal uncertainty. This research analyses the impact of the practice on legal protection for new creditors, particularly in the context of legal protection theory proposed by Isnaeni. This paper uses a normative research method with a literature study approach. The literature study approach is carried out by collecting and analysing secondary data relevant to the research topic. The secondary data can be in the form of primary legal materials which include: laws, regulations, and jurisprudence related to subrogation, authentic deeds, and agreements. Secondary legal materials include books, scientific journals, articles, and other scientific papers. The data collection techniques used in this research are literature searches by conducting literature searches in libraries, the internet, and other sources to obtain primary and secondary legal materials relevant to the research topic and document studies by studying and analysing primary and secondary legal materials that have been collected. The results show that the absence of a notarial deed as authentic evidence makes it difficult to prove the existence of a subrogation agreement, thus hampering the efforts of new creditors to obtain their rights. The form of internal legal protection is by collecting various evidence such as correspondence, witnesses, and transaction evidence. Meanwhile, external legal protection can also be done by filing a tort lawsuit in court. This research also recommends the need to improve regulations and increase legal awareness to overcome these problems.

Hak Penguasaan Tanah Warisan Jero Saren Kauh, Desa Gubug, Tabanan

Heirloom land in Jero Saren Kauh has an important position in the family as inherited land, when one party tries to convert the heirloom land individually, especially in unauthorized ways, it will cause conflict and cause criminal problems. The formulation of the problem in this research is: How is the division of inherited land as heirloom land in Jero Saren Kauh? How is the dispute settlement in the case of control of inherited land as heirloom land in Jero Saren Kauh? The type of research in writing this thesis is empirical legal research with a statutory and conceptual approach. The results of the research show: The division of heirloom land in Jero Saren Kauh was initially carried out individually, so a dispute arose between the heirs. According to the court decision, the certification of heirloom land in Jero Saren Kauh was actually declared invalid registration so that it returned to being heirloom land. Dispute settlement over the certification of heirloom land was initially carried out in a family manner, namely through mediation, but because each party maintained its stance, the plaintiffs filed a lawsuit in court or through litigation.

Concrete Form of Legal Protection Against Buyers in Good Faith in The Buy and Buy of Land

The principle of good faith receives less attention than other principles in civil law literature. This study aims to determine how buyers who buy and sell land in good faith are protected by the law. The normative legal research methods used in this study are utilized. One concrete form of legal protection for buyers who act in good faith is that if a judge decides that the buyer is a buyer who acts in good faith, he or she must also decide the status of the sale and purchase that has taken place. These are the findings of the research study that are the subject of the discussion. Is the sale and purchase object still the buyer's property, or does the sale and purchase status end and the buyer has to pay back the seller the money? Rather than having to file a lawsuit in court, which takes a considerable amount of time and cannot guarantee buyers' certainty of legal protection, this type of thing is certain to be sufficient to provide buyers in good faith with protection.

Legal Certainty in the Decisions of the Honorary Council of the Constitutional Court: A Case Study of Chairman Anwar Usman's Ruling

The existence of the Constitutional Court in the life of the nation and state is in order to guarantee and prove the existence of positive law, especially laws, so that these laws remain in accordance with the constitution so that later the constitutional rights of citizens can be maintained. The purpose of this research is as evaluation material and learning material for law enforcers, students and other parties. This type of research is included in the juridical-normative category, namely research carried out by examining theories, concepts, legal principles and regulations that are appropriate and related to the object of research. The Constitutional Court decision that has been issued against Anwar Usman cannot be challenged in the State Administrative Court because the Constitutional Court's decision is not a state administrative decision so it does not fall within the scope of what can be litigated in the state administrative court. Another reason that could be the basis for approval or inaccuracy of the State Administrative Court's lawsuit in relation to the Constitutional Court's decision is related to the ad hoc nature inherent in the Constitutional Court. Compliance with ethical standards in the decision-making process in law enforcement agencies is a crucial element in maintaining the trust and reputation of state administration in the eyes of the public. The presence of ethical standards in the Constitutional Court is considered the basis for upholding constitutional principles which are moral and behavioral guidelines for all members of the judiciary.

Enforceability of agreements to mediate and mediated settlement agreements in Albania

The article aims to examine the provision of the Albanian Mediation Law that provides mediation as a condition for the admissibility of the lawsuit in court when the parties have provided for it in the contract as a preliminary condition before addressing the court. This legal provision is addressed considering the right of access to court and aims to discuss how these agreements to mediate are enforced. In addition, since enforcement of mediated settlement agreements is also a guarantee for the effectiveness and success of mediation, this article also focuses on the analysis of the legal framework and the problems related to their enforcement, which differ depending on how the parties have resorted to mediation (voluntarily, due to the contract, or by referral from the court), and on the type of disputes, where mainly problems arise with conflicts of ownership over immovable property. Besides the analysis of the Albanian Mediation Law, following a comparative approach, the article also addresses the mediation laws of some foreign countries.

Legal Protection for Citizens Affected by The Termination of Access Policy of Unregistered Private Scope Electronic System Operators

Legal Protection for Citizens Affected by The Termination of Access Policy of Unregistered Private Scope Electronic System Operators

Penyelesaian Sengketa Batas Tanah melalui Mediasi di Luar Pengadilan Demi Tercapainya Win-Win Solution di Kabupaten Boyolali

The purpose of this service is to find out how to resolve land boundary disputes through mediation to achieve a win-win solution and what obstacles or obstacles arise in the implementation of land boundary dispute resolution through mediation. The method of community service is by means of lectures and discussions. Settlement of legal problems, especially land boundary disputes, has been accommodated by the state which has been outlined in national regulations through alternatives in court, namely filing a lawsuit and outside of court through mediation efforts. Of course, each route has advantages and disadvantages. A lawsuit in court results in a party winning or losing, while mediation outside of court results in neither party being harmed. Obstacles or barriers that arise in the implementation of Land Boundary Dispute Resolution through Mediation are the difficulty of uniting the desires and interests of both parties as well as the nature of not wanting to give in and feeling that each of them is the most right. However, mediation efforts require the skills of a mediator or intermediary to find solutions to problems that occur. The willingness of the parties to give in to each other and reduce each other's demands is an important key to achieving the goal of common good and prosperity so that no party feels disadvantaged.

The Urgency of Forming Laws and Regulations on Citizen Lawsuits in Indonesia

This research aims to seek the formation of laws and regulations regarding Citizen Lawsuits. Citizen Lawsuitis access for citizens to represent the public interest to file lawsuits in court based on unlawful acts by the government. Since the receipt of the Citizen Lawsuit filed byMunir CS,based on the abandonment of TKI in Nunukan by the Government of Indonesia, until now there has been no regulationregarding Citizen Lawsuits. The formulation of the problem used in this study is first, what is the urgency of establishing legislation regarding Citizen Lawsuit in Indonesia, and second, what form of legislation regardingCitizen Lawsuit is ideally implemented in Indonesia. The research method used is normative-juridical research. The results of this study show that the condition of the legal vacuum regarding Citizen Lawsuit results in the inconsistency of the Panel of Judges in interpreting formal requirements, namely notifications; therefore, it is necessary to make laws and regulations regardingCitizen Lawsuits to catch up with written law and prevent inconsistencies in court decisions. In conclusion, the legal basis used by the Judges panel in accepting the Citizen Lawsuit was based on Article 10 Section (1) and Article 5 Section (1) of Law number 48 of 2009 concerning Judicial Power. Additionally, the Law of Civil Procedure should include the principle of Citizen Lawsuits, but since legislation takes time to pass, the Supreme Court can work around this by creating a PERMA. Suggestions from this research, it is necessary to make efforts to form regulations regarding Citizen Lawsuit, and it is necessary to research Citizen Lawsuit models in Anglo-Saxon countries to be used as reference material in formingCitizen Lawsuit regulations.
 Keywords: urgency, formation of legislation, citizen lawsuit

The legal view of out of court mediation agreements becomes the object of Nebis in Idem in court

The principle of ne bis in idem in the procedural law of the Constitutional Court is found in Article 60 paragraph (1) the Constitutional Court Act, in the form of a prohibition to re-trial the previous norm been tested. Different from the Criminal Code and the Civil Code that determines the clear element ne bis in idem, Article 60 paragraph (1) contains only one element form of testing objects. This study addresses two issues: how characteristics of the principle of ne bis in idem, and what are its elements in the procedural law of the Constitutional Court? Normative juridical research methods used to understand the principle of ne bis in I mean, elitist. Adoption of the principle of ne bis in idem in MK procedural law resulted in a broad philosophical shift and did not result in his death the legal position of the applicant and the legality of the object that can be prosecute Based on the systematics of the decision, the Constitutional Court put the proposition ne bis in idem on Conclusion, so it is not a verdict amar. While the conclusion is part of the legal consideration contains an analysis of the subject matter of the case, so it is not possible to generalize the decisions of the court on the case ne bis in idem as a negative verdict. In the case of the bus, the law the constitutional court event is supported by several norms, but the Constitutional Court law contains only two elements in the form of an object of law and a subject-legal relations. While the elements the third form of legal developments found in the decision of the Constitutional Court. Because not disruption of the legal status of the applicant and the legality of the object that can these three elements are not accumulative, which is the element the development of law is more determinant than the other two elements. Aftermath actualization of constitutionality does not only occur through positive decisions grant the application of the applicant, but also occurs in the case being assessed nebis in idem. This study is a type of normative juridical research, namely the type of research by using the provisions of laws and doctrines or principles in the science of law.36 nature of this study is normative juridical is qualitative research that refers to legal norms contained in various laws and rulings court. The author connects the data with other data and analyzed based on the provisions of applicable law, then draw conclusion by deductive means that draw conclusions from things general to specific. Furthermore, the results of the analysis will the authors associate with the problems in this study to produce a objective research that answers the problems in the study. Specifications research conducted by the author is research descriptive analytical. Descriptive analytical research which means this study describe a particular object and explain things related to or describe systematically related facts or characteristics of the population certain in certain areas factually and carefully. Through research descriptive, researchers tried to describe the events and events that become Research Center without giving special treatment to the event. The findings of this paper are that there is a need to expand the meaning of the application of the Nebis in Idem principle as referred to in the Circular Letter of the Supreme Court of the Republic of Indonesia number 3 of 2022 concerning the handling of cases related to the Nebis in Idem principle by including a clause that "the object of a mediation peace agreement outside the court becomes part of the application of the Nebis in Idem principle so that the aquo object (which has been agreed outside the court through mediation) can no longer be used as an object for a lawsuit in court (expansion of the meaning of the application of the Nebis in Idem principle).

The Legal Certainty for Resolving Consumer and Business Actor Disputes from the Perspective of Social Engineering Justice from Roscoe Pound

Legal certainty in resolving disputes between consumers and business actors is important so that fair disputes and harmonious relations remain for business actors and consumers. Even so, there are juridical problems related to legal certainty in resolving consumer disputes, namely the lack of clarity regarding the orientation of litigation and non-litigation settlements. Facing these problems, this research aims to analyze the reconstruction of consumer dispute resolution referring to Roscoe Pound’s social engineering theory. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that to ensure legal certainty, changes or revisions to laws and regulations related to consumer protection need to be made to ensure justice in consumer disputes. Reconstruction of consumer dispute resolution refers to the social engineering theory of Roscoe Pound, so it is necessary to emphasize that consumer disputes must be optimized non-litigationally first through BPSK and if not satisfied, can file a simple lawsuit in court as an effort to minimize the costs and time associated with consumer disputes.

Kadaluwarsa pada Kasus Pemutusan Hubungan Kerja dalam Hukum Ketenagakerjaan

Expiration is a condition where a time limit has passed for our right to be able to file a lawsuit. Therefore, when filing a case, time is an essential concern for every party who wants to file a lawsuit in court. Each legal issue has a different time. One problem that often occurs in employment is the Termination of Employment Relations. When someone experiences Termination of Employment Relations (PHK), there are several rights that a worker should obtain. Still, if the employer does not fulfill these rights, the worker can file a lawsuit at the Industrial Relations Court (PHI). When filing a case, a worker must pay attention to the period regulated in Article 82 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. In practice, there are still inaccuracies in determining the expiration date in Termination of Employment (PHK) cases. This research aims to determine how the expiry date for Termination of Employment (PHK) cases is regulated in employment law. The research method used by researchers is normative research. Researchers will examine the problems raised by linking them to applicable laws and regulations. The conclusion is that there are still things that need to be corrected in using the legal basis in determining the expiration date in cases of termination of employment.
 

Contextual Reinforcement, Entity Delimitation and Generative Data Augmentation for Entity Recognition and Relation Extraction in Official Documents

Transformer architectures have become the main component of various state-of-the-art methods for natural language processing tasks, such as Named Entity Recognition and Relation Extraction (NER+RE). As these architectures rely on semantic (contextual) aspects of word sequences, they may fail to accurately identify and delimit entity spans when there is little semantic context surrounding the named entities. This is the case of entities composed only by digits and punctuation, such as IDs and phone numbers, as well as long composed names. In this article, we propose new techniques for contextual reinforcement and entity delimitation based on pre- and post-processing techniques to provide a richer semantic context, improving SpERT, a state-of-the-art Span-based Entity and Relation Transformer. To provide further context to the training process of NER+RE, we propose a data augmentation technique based on Generative Pretrained Transformers (GPT). We evaluate our strategies using real data from public administration documents (official gazettes and biddings) and court lawsuits. Our results show that our pre- and post-processing strategies, when used co-jointly, allows significant improvements on NER+ER effectiveness, while we also show the benefits of using GPT for training data augmentation.

Role of the National Land Agency in Settlement of Land Boundary Disputes in Jayapura City

The important role of the National Land Agency in resolving land boundary disputes in Jayapura City cannot be ignored. Many problems arise from land disputes due to the non-implementation of the Delimitation Contradictory Principle, namely the principle relating to the measurement and determination of land boundaries by the BPN. The aim is to find out the application of the Delimitation Contradictory Principle at the Jayapura City Land Office and also to find out the settlement of land disputes due to the non-applicability of the Delimitation Contradictory Principle at the Jayapura City Land Office. The method used in this research is normative and empirical law seen from the applicable laws and regulations and the reality that occurs in the field. The findings of this study indicate that the application of the Delimitation Contradictory Principle at the Jayapura City Land Office is actually according to procedure. However, there are internal problems with the old maps which have been lost and damaged, so there is often overlapping of plots of land. Apart from that, the absence of bordering parties in the field also often occurs, so that BPN must entrust the measuring drawing filling sheet. This causes the application of the Delimitation Contradictory Principle to not run properly, and land disputes cannot be resolved properly. To overcome this, BPN facilitates mediation for the disputing parties so that they do not proceed to more serious problems and even lawsuits in court. if it has not been resolved, a team is formed to deal with it and find a solution so that the problems experienced by the parties do not need to go to court and all this is carried out according to the procedures in the applicable laws and regulations.

Implementation Of The Contrarius Actus Principle In Revocation Of Land Certificate Without A Court

<em>Proof of ownership of land is a land certificate. Often in the issuance of land certificates, there are problems. Land certificates that have been issued usually cause problems and must be canceled. One of the causes of the revocation of land certificates is invalid data which contains administrative defects. The problem arises that often the Head of the Land Office is reluctant to cancel the land certificate and prefers the applicant for the revocation of the land certificate to file a lawsuit in court or through litigation. This was suggested by the Head of the Land Office because of his misunderstanding of the Contrarius Actus principle. The Contrarius Actus principle is a principle in administrative law where the State Administrative Officer who makes State Administrative Decisions is automatically authorized to change, replace, revoke and cancel the documents he has made. and juridical defects must be revoked by the Head of the Land Office without having to wait for a court decision if they have fulfilled the revocation requirements.</em>

NAFKAH MADIYAH ANAK DALAM PERSPEKTIF MASLAHAT MURSALAH NAJMUDDIN AT-THUFI

Nafkah Madhiyah for children in Religious Court's lawsuits now has different legal provisions. It were initially declared inviolable then now became opened for accusations thence provides opportunities for children to get these rights. The child's livelihood is the responsibility of a father, as contained in the Qur'an and regulated in the Marriage Law. There are several opinions of scholars that abolish the child's middle income, as well as the Supreme Court Jurisprudence Number 608/K/AG/2003 which states that basically Madhiyah's income cannot be sued because the child's income is Lil' Intifa, namely to take benefits, not Lit Tamlik or to be owned. Then the negligence of a father who does not provide a sustenance for his child or Nafkah Madhiyah maintenance cannot be sued, but with the legal breakthrough contained in SEMA No. 2 of 2019 which states that the child's Nafkah Madhiyah can be asked. This paper attempts to see the relevance of the SEMA with the maslahah mursalah put forward by Najmuddin at-Thufi.

THE RIGHT TO A GOOD AND HEALTHY ENVIRONMENT: A Comparison of Laws and Legal Breakthroughs Through Citizen Lawsuits

This research aims to provide an explanation that every citizen has the constitutional guarantees to live and obtain a good and healthy environment to grow and develop as stipulated in Article 28 of the 1945 Constitution, the Charter of Human Rights, the Stockholm Declaration, and several constitutions of countries in the world. The juridical-normative method is the method used in this study where this research originates from primary, secondary, and non-legal materials and is analyzed descriptively and qualitatively. The results of the study show that there is a comparison of rights regarding the right to a healthy environment in various countries burdened by the state's obligation to maintain and increase the carrying capacity of the environment. The existence of a legal breakthrough Citizen Law Suit is an alternative for the rights of citizens to demand government responsibility for policies that harm citizens' rights through lawsuits in court.

Sharia Mutual Funds: Protection Study For Investorsabstrak

Mutual funds are an alternative investment because of the opportunity to get better investment returns within a certain period of time. All investments including mutual funds are inseparable from violations and crimes, so the purpose of this paper is to find out about legal protection for investors as consumers. This paper was compiled using normative research, data related to this research were obtained from literature studies, and analysis was carried out by referring to documents related to the discussion. The results of this paper show that the operational mechanism between investors and Investment Managers of Islamic mutual funds uses the wakalah and mudharabah systems. Legal Protection for Investors According to Law Number 8 of 1995 concerning Capital Markets contained in article 100 paragraph 2 and article 101 paragraph 3, Bapepam-LK has the right to carry out inspections and investigations, this is a process of supervisory activities aimed at providing protection and legal certainty for among investors. According to UUPM has the authority to give administrative sanctions and criminal sanctions. Apart from that, legal protection for investors According to Law Number 21 of 2011 concerning the Financial Services Authority in Article 28, Article 29, and Article 30, aspects of protection for capital market investors are under the authority of the OJK. Provisions related to providing information on financial products and assisting consumers in filing lawsuits in court to fulfill consumer rights.

Akibat Hukum Terhadap Pembatalan Janji Melangsungkan Perkawinan Dalam Sistem Hukum Perdata

Marriage is an inner birth bond between a woman and a man as contained in Article 1 of Law on Marriage. A marriage must be based on the agreement of both parties who will carry out the marriage without any coercion from any party. This is in line with the legal requirements of a marriage according to Article 1320 of the Civil Code. The form of agreement between the two parties can be referred to as a marriage promise or promise to carry out marriage, where the woman and man both agree to hold the marriage. The Marriage Law only regulates the terms and consequences arising from marriage, but there is no law that regulates the promise to hold a marriage. In case No. 146/PDT/2015/PT MKS, the Plaintiff and the Defendant had both agreed to hold the marriage, but the Defendant unilaterally postponed the agreed marriage. This has clearly caused both material and immaterial losses to the Plaintiff. The aggrieved Plaintiff then decided to file a lawsuit in court. Both the judges at the first instance and at the appellate level agreed that the marriage pledge case was an act of default. This is very different from Jurisprudence No. 3191 K / PDT / 1984 which states that non-fulfillment of marriage promises is an act against the law. In its concept, default and unlawful acts are two different things, but not infrequently when applied to a problem there is doubt in classifying it.

Breach of Non-Competition Clause in Franchise Agreements Related to Unfair Business Competition

The non-competition clause in the franchise agreement is the franchisee's commitment not to run a similar business or potentially become a competitor to the franchisor's business within a certain period as a form of protection of the franchisor's intellectual property rights and appreciation for the transfer of know-how that the franchisor has carried out in the form of knowledge, concept, and experience to the franchisee. There are two purposes of this article. First is to explore and analyze cases of breach of the non-competition clause in franchise agreements in Indonesia carried out by franchisees can be qualified or not as a form of unfair business competition as regulated in Article 1 number 6 Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. Second is to investigate the legal remedies taken by the franchisor against the franchisee who breaks the non-competition clause in the franchise agreement. This research project uses qualitative method. This research involved respondents and informants from business owners of national franchisors. There are two results of this study. First, breaking non-competition clauses in franchise agreements, which have been read before signing, can qualify as unfair business competition. Second, if a franchisee or former franchisee breaks a non-competition clause, it is necessary to communicate with the violating party first before giving a summons/warning. Moreover, if it is still not heeded, the franchisor can file a lawsuit in court or submit a complaint to The Indonesia Competition Commission (KPPU).<p> </p>

Penyelesaian Sengketa Akibat Wanprestasi pada Peralihan Hak Atas Tanah:

This research examines the study of the settlement of disputes due to default in the transfer of land rights, namely in decision Number: 80/B/2022/PT.TUN.SBY. The research method used is normative juridical study, namely research studies based on legal sources such as laws and regulations, and expert opinions to research studies related to the title chosen by the researcher. The results of this research are that it is known that disputes on the transfer of land rights can occur due to many things, including negligence that occurs as a result of someone's failure to fulfill the contents of the agreement or contract, which is called default. The result of the decision Number: 80/B/2022/PT.TUN.SBY is the rejection of the lawsuit from the plaintiffs as a result of the time for serving the lawsuit exceeding 90 days, namely as stated in Law No. 9 of 2004. It is known that the plaintiff filed an administrative lawsuit in court more than 1 year after the previous lawsuit was decided. Therefore, based on Law No. 51 of 2009 the plaintiff must bear the costs incurred during the trial in the amount of Rp.250,000.00.
 Keywords: Land Rights, Disputes, Default