Legal Dispute Resolution Research Articles

Application of forms of alternative dispute resolution in Ukraine

Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts

Rationing Justice: Tempering Demand for Courts in the Managerialist State

Over the past generation there have been significant reforms to the way the state supports the just resolution of legal disputes. Influenced by public sector managerialism, the state has sought ever greater cost-effectiveness by tempering demand for justice in the courts. Using Australia as an example, this article analyses six processes by which the state has modulated this demand, namely, extinguishing, expelling, diverting, incentivising, filtering and demoting. But at what price? Greater efficiencies sometimes come at a cost to other fundamental values, such as access to justice, fair process, impartial decision-making, just outcomes and public trust. This article evaluates these tensions by examining a suite of specific demand management mechanisms that have been widely used in civil and criminal disputes in Australia.

ОСОБЛИВОСТІ ЛІНГВАЛЬНОЇ МАНІПУЛЯЦІЇ У СУДОВОМУ ДИСКУРСІ

The article looks into the problem of manipulative impact verbal realization in trial discourse. Trial discourse, which is formed and functions in a courtroom, is a part of legal discourse which embodies a trial. Trial discourse is a type of institutional communication and the sphere of its forming and functioning is a state agency (court) which administers justice. Social characteristics of discourse manifest themselves in those discourse types which are made and maintained by different social institutions. Speaking about important social consequences of court discourse we mean legal dispute resolution and a change of legal situation. That is the main function of trial discourse. Trial discourse is a general notion which comprises a lot of discourse types, and prosecutor and defense lawyer discourses are among the main types of it. Besides institutionality, which is specified by status and role relationships, the above mentioned discourse types are characterized by emotiveness, logical accomplishment, termhood and persuasiveness. The main aim of advocate discourse is their client defense that is why their discourse is more emotional as they try to gain the initiative and resort to the tactic of attack which is realized via irony, sarcasm, mockery, hints, suggestion. Taking into consideration all these facts we must admit that defense lawyer discourse is more manipulative than prosecutor one. This manipulative discourse is actualized by a great number of verbal means, in other words, by linguistic manipulation. The commonest verbal ways of realizing such manipulative impact on listeners’ consciousness are reiteration, rhetorical questions, language games, stereotypes, metaphor and grammar inversion.

Prerequisites for the formation of the concept of the rule of law in civil proceedings: historical and legal context

The article considers the historical preconditions for the formation and development of the concept of the rule of law in civil proceedings. It is determined that the implementation of civil procedural activities is due to the special importance of the right to a fair trial as an eternal value of any legal and democratic state. However, civil litigation as a system of consideration and resolution of legal disputes in its continuous development has gone from the oldest procedures of protection of law, repeated attempts to regulate certain rules of litigation to large-scale codifications of legislation, which determined at different stages and in different countries process and its main elements. Thus, reforms in the field of civil justice have always been associated with the search for and approval of new fundamental ideas, paradigms for the administration of justice in cases.
 This study considered the formation of forms of consideration and resolution of civil cases during the Kyiv Rus, during the stay of Ukrainian lands in Poland and the Grand Duchy of Lithuania, the Hetmanate, the period of Russian autocracy and legislation in the Left Bank Ukraine, the influence of Austrian law in Western Ukraine. Soviet period, as well as the current stage of development of justice in civil are also discovered. Normative legal acts are analysed, in particular, Rus Pravda, Statutes of the Grand Duchy of Lithuania, Decisive Points, "Rights of the Little Russian People", "Summary of Trials or Litigation", "On Forms of Court", Statute of Civil Procedure of 1864 , Austrian Civil Procedure Code of 1895; CPC of the USSR in 1924, CPC of the USSR in 1929 and 1963.
 Specific attention is paid to the Concept of Improving the Judiciary to Establish a Fair Court in Ukraine in Accordance with European Standards in 2006 and the Strategy for the Development of the Justice and Constitutional Judiciary for 2021-2023, which sets priorities for improving the judiciary, as well as the implementation of urgent measures to ensure positive changes in the functioning of relevant legal institutions.
 The list of measures that need to be taken to eliminate defects and thus increase the efficiency of civil proceedings is identified. In particular, the real guarantee of the rule of law, and ultimately, the fairness of the trial and resolution of civil cases.

Peculiarities of application of judicial control in the activities of the public administration

The article identifies the legal features of the application of judicial control to improve the efficiency of public administration. It was found that the content of judicial control is: the court’s assessment of the legality of the actions of public administration bodies and their officials; legality of adopted regulations and decisions; in exposing violations or restrictions of the rights of individuals and legal entities (subjects of legal relations arising in the field of public administration); in identifying the causes of such violations and taking the necessary measures to prevent them in the future; in taking measures to restore violated rights due to the need to bring to justice those who violated the law.
 Judicial control over the activities of public administration is a special type of activity of courts of different jurisdictions, which consists in direct (indirect) and indirect (indirect) verification of the legality and legality of decisions, actions or omissions of a certain subject of power and public administration. constitutes the essence of the
 case or accompanies the consideration and resolution of individual legal disputes. The result can be the restoration of the violated rule of law, certain rights, protection of public relations and restoration of the fully violated rights of various legal entities arising in the state, through special enforcement bodies or voluntarily.
 According to the type of judicial jurisdiction, the following types of judicial control in the activities of public administration can be distinguished: a) general judicial control, or control by general courts during the consideration of administrative, civil and criminal cases; b) specialized judicial control, or control by specialized (administrative, commercial) courts; c) constitutional judicial control, or control by the Constitutional Court of Ukraine.

Current state and perspectives of business mediation development in Ukraine

Recently, the mediation institution has become of great importance in developing Ukraine's legal dispute resolution culture. Under current conditions, Ukrainian society needs mediation in almost all legal relations. The establishment of several public organizations that distribute mediation in Ukraine is evidence of that. Today, society needs new, progressive, out-of-court dispute resolution methods between businesses, with minimal time and cost. There is currently a lack of adequate forms of conciliation in Ukraine, leading to overburdening court. Litigation is becoming a costly "red tape," as many cases are sometimes deliberately delayed. Highly qualified lawyers are generally unavailable to the vast majority of the citizens.
 One of the measures of decentralization that provided an opportunity to narrow the sphere of state influence on society and replace it - is the introduction of mediation as an alternative dispute resolution, particularly in business. In addition, the proliferation of mediation will help to reduce corruption in the judiciary, as the citizens and legal entities will be more likely to use out-of-court dispute resolution.
 In Ukraine, the introduction of the mediation institution, particularly as a method of business conflicts and dispute resolution, is at the initial stage, including the formation of organizational and legal conditions and the establishment of the system of mediation application in society.

Alternative ways of resolving legal disputes and their application in Ukraine

Resolving legal conflicts is one of the main tasks of any state. This function is in most cases entrusted to the judiciary, but as experience shows, the court alone cannot ensure the effective functioning of the legal dispute resolution system. For every democratic state, the availability of an alternative is important, and the subject of law must be able to choose the ways of resolving legal disputes. Today in the world there are such alternative ways of resolving disputes as: arbitration, mediation, consultation, negotiations, intersession, conciliation procedure and others. The purpose of the article is to identify the advantages and disadvantages of alternative dispute resolution methods. The article analyzes the literature on this topic, and also presents the features of alternative ways of dispute resolution, which allows us to identify their advantages and disadvantages as a legal procedure. The existence in most countries of the world of alternative dispute resolution is to some extent positive for the parties to the conflict, because dispute resolution through arbitration, mediation, negotiation, consultation and other alternative dispute resolution allows to resolve it without state intervention and they can be solved much faster. Alternative dispute resolution can to some extent be a source of savings money for the state, as they exist independently and do not require funds to provide them from the state, while in Ukraine the system of commercial courts annually requires a fairly large cost of maintaining such courts. Resolving disputes through alternative methods also speeds up their resolution, but in some cases the process itself can be more expensive

Proceedings for the Resolution of Judicial and Non-Judicial Administrative Disputes as Part of the Administrative Process

Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of procedures of the administrative process implemented in judicial and non-judicial forms. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative disputes. On this basis, the fact is noted that the modern development of administrative law and process should be based on constitutional norms, which implies a significant transformation of the relationship between public authorities and private individuals, turning the latter into a full-fledged subject of administrative legal relations, creating new functions of administrative legal regulation. The research paper analyzes the existing administrative-procedural legislation regulating both non-judicial and judicial procedures for resolving administrative disputes. The specifics of individual legislative acts in this area are studied. In particular, a comparison is made between the general and special procedures for resolving out-of-court administrative disputes. The research paper analyzes the legal regulation of such procedures, the features of individual methods of legislative regulation of the out-of-court procedure for resolving administrative disputes are noted. The article also compares administrative recovery and administrative-rehabilitation administrative disputes. Judicial resolution of administrative disputes has significant specifics due to the special place of the judiciary in a state governed by the rule of law. This is expressed in the special legal consequences of a court decision, as well as in the application of administrative legal principles for more effective protection of the rights and legitimate interests of participants in legal relations. Based on the results of the study, conclusions are drawn about the fact that within the framework of administrative procedure legislation, proceedings are formed to resolve administrative disputes both out of court and in court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production. The consolidation of the procedures for resolving out-of-court administrative and legal disputes should be carried out in a single legislative act, and not within the framework of separate laws and subordinate legal acts. In addition, the resolution of judicial administrative and legal disputes should also be unified within the framework of the Code of Administrative Proceedings of the Russian Federation, however, taking into account the positive elements that are currently available in the Code of Arbitration Proceedings of the Russian Federation.

Sengketa Batas Wilayah dalam Sistem Pemerintah Daerah (Studi pada Batas Wilayah Kabupaten Sintang dan Kabupaten Sekadau)

This study aims to analyze the settlement of boundary disputes that are available in the Indonesian legal system, analyze the factors that cause boundary disputes in the expansion of the Autonomous Region in Sintang Regency and Sekadau Regency. The type of research conducted is juridical-empirical. The results of the study conclude that: First, the pattern of settlement of territorial boundary disputes is generally through two channels, namely: non-legal settlement of border disputes, and legal settlement. Non-legally mediated by the Ministry of Home Affairs and the Governor. Meanwhile, legal dispute resolution is pursued through litigation. The occurrence of territorial boundary disputes is triggered by the process of regional expansion which does not require regional boundaries as a legal requirement in regional expansion. The requirements that are met are more technical, physical and political. In territorial boundary disputes with district governments, the role of the provincial government is only as a facilitator according to the level of the case dispute.DOI: https://doi.org/10.26905/mlj.v2i2.7156

Alternative Methods of Dispute Resolution as a Measure to Reduce the Workload on Courts: A Comparative Legal Study (Part 2)

The paper considers alternative methods of dispute resolution as a measure to reduce the workload on the courts. At present, the need to reduce the workload on courts is quite acute in Russia. According to the members of the European Commission for the Efficiency of Justice (CEPEJ), a large workload on courts (and, accordingly, on judges) seriously affects the quality of justice and the timing of the consideration of cases. It should be noted that all judicial systems of the world without exception face this problem, but the statistics of the European Commission for the Efficiency of Justice (CEPEJ) shows that over the past few years the burden on courts and judges has significantly decreased in the EU countries.The authors summarize that foreign judicial practice has successfully tested working tools to reduce the burden on courts, which the Russian judicial system may well borrow. However, these tools require gradual development and elaboration given all Russian legal realities. A sharp transition to alternative dispute resolution may negatively affect the quality of dispute resolution in Russia. If the legislator restricts the ability of citizens to consider disputes in courts (for example, by increasing court fees), but at the same time alternative dispute resolution methods will remain at a low level of legal and social development (citizens’ distrust, weak legislative elaboration, etc.), then citizens will completely lose the platform for legal dispute resolution. It is quite possible that we will return to the criminal experience of the economy of the 1990s.

Mediation in administrative proceedings: problems of theory and practice.

The article studies the the introduction of mediation in administrative proceedings. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. Mediation is not able to displace and replace the judicial resolution of administrative disputes using the classic adversarial procedure. It is proposed to recognize adjudication mediation as the optimal procedure in resolving administrative disputes. Proposals and recommendations concerning creation of the legislative framework for the application of mediation as the alternative dispute resolution in administrative proceedings in Ukraine are formulated. That is why resolving the issue of relieving the judiciary is relevant for the use of mediation as an alternative way of resolving disputes or conflicts. Insufficient use of mediation as a way to resolve legal conflicts, including administrative ones, is low awareness of the advantages of this method of resolving legal conflicts and its advantages over the traditional judicial method of resolving legal disputes, insufficient legal regulation of mediation in Ukrainian legislation, lack of sufficient professional mediators who could provide quality mediation services, conservatism of both lawyers and participants in the administrative process at the moment of development of the legal system in Ukraine.

Alternative Methods of Dispute Resolution as a Measure to Reduce the Workload on Courts: A Comparative Legal Study (Part 1)

The paper considers alternative methods of dispute resolution as a measure to reduce the workload on the courts. At present, the need to reduce the workload on courts is quite acute in Russia. According to the members of the European Commission for the Efficiency of Justice (CEPEJ), a large workload on courts (and, accordingly, on judges) seriously affects the quality of justice and the timing of the consideration of cases. It should be noted that all judicial systems of the world without exception face this problem, but the statistics of the European Commission for the Efficiency of Justice (CEPEJ) shows that over the past few years the burden on courts and judges has significantly decreased in the EU countries. The authors summarize that foreign judicial practice has successfully tested working tools to reduce the burden on courts, which the Russian judicial system may well borrow. However, these tools require gradual development and elaboration given all Russian legal realities. A sharp transition to alternative dispute resolution may negatively affect the quality of dispute resolution in Russia. If the legislator restricts the ability of citizens to consider disputes in courts (for example, by increasing court fees), but at the same time alternative dispute resolution methods will remain at a low level of legal and social development (citizens’ distrust, weak legislative elaboration, etc.), then citizens will completely lose the platform for legal dispute resolution. It is quite possible that we will return to the criminal experience of the economy of the 1990s.

ON PROBLEMATIC ISSUES RELATED TO REIMBURSEMENT OF LEGAL EXPENSES FOR PROFESSIONAL LEGAL ASSISTANCE IN ECONOMIC PROCEEDINGS

In this article, the author offers his own author’s definition of the concept of “legal expenses in economic proceedings”, since the current economic procedural provisions lack this definition. Guided by the existing legal doctrine, the author suggests understanding this concept as material costs of participants in economic proceedings related to the resolution of legal disputes referred to the jurisdiction of the economic court, which encourage the parties to resolve the dispute out of court. In summary, this article is devoted to highlighting most of the legislative gaps related to reimbursement of legal expenses for professional legal assistance in economic proceedings. In particular, the problem of the absence in the Code of Commercial Procedure of Ukraine of a list of evidence (documents) confirming the fact of legal expenses for professional legal assistance incurred by a participant in economic proceedings, which may lead to a restriction of the right to reimburse for this type of legal expenses, is highlighted. It is emphasized that the list of evidence that confirms the fact of legal expenses for professional legal assistance incurred by a participant in economic proceedings should be determined by the procedural legislation rather than formed through the prism of judicial practice. It is determined that legislative criteria for a detailed description of works (services rendered) should be clearly established, which should comply with the Law of Ukraine “On Advocacy and Legal Practice”. Based on this, the article proposes to determine the procedure for writing a detailed description of works (services rendered) for each lawyer’s fee rate. It is emphasized to be inappropriate for the parties’ procedural obligation to submit to the court a preliminary (estimated) calculation of legal expenses incurred and expected to be incurred by the parties in connection with the consideration of a particular court case. In addition, this paper highlights the problems of the manifestation of excessive formalism principle in economic proceedings, which implies the court's authority to refuse reimbursement to the party in favor of which the court has founded of the legal expenses for professional legal assistance, if the party has not submitted a preliminary (estimated) calculation of legal expenses, but documented them.

The economic and institutional determinants of trade expansion in Bronze Age Greater Mesopotamia

The focus of archaeologists on reconstructing exchange and communication networks in the past resulted in the enormous improvement of methods for analyzing material flows and detecting trade routes. However, our understanding of the determinants of trade patterns over time and space is still limited. To help tackle this issue, we study through regression analysis the rich economic and institutional experience of Bronze Age Greater Mesopotamia. Our testable predictions originate from three main economic theories of trade expansion. First, because of trade costs, mutually beneficial exchanges are discouraged by distance and encouraged by the relative size of markets. Second, trade expands when more suitable farming conditions in neighboring polities allow consumption risk-sharing. Finally, trade develops when interlocking exchange circuits ease the canalization of goods from the outside by providing secure routes, a more certain resolution of legal disputes and credit provision. Ordinary Least Squares—OLS—estimates based on data on 44 major Mesopotamian polities observed for each half-century between 3050 and 1750 BCE are consistent with these predictions. Our approach provides a robust theory-based empirical strategy for integrating archaeological, environmental, and historical data and calls for a tighter interdisciplinary cooperation.

The Economic and Institutional Determinants of Trade Expansion in Bronze Age Mesopotamia

The focus of archaeologists on reconstructing exchange and communication networks in the past resulted in the enormous improvement of methods for analyzing material flows and detecting trade routes. However, our understanding of the determinants of trade patterns over time and space is still limited. To help tackle this issue, we study through regression analysis the rich economic and institutional experience of Bronze Age Mesopotamia. Our testable predictions originate from three main economic theories of trade expansion. First, because of trade costs, mutually beneficial exchanges are discouraged by distance and encouraged by the relative size of markets. Second, trade expands when more suitable farming conditions in neighboring polities allow consumption risk-sharing. Finally, trade develops when interlocking exchange circuits ease the canalization of goods from the outside by providing secure routes, a more certain resolution of legal disputes and credit provision. Ordinary Least Squares—OLS—estimates based on data on 44 major Mesopotamian polities observed for each half-century between 3050 and 1750 BCE are consistent with these predictions. Our approach provides a credible theory-based empirical strategy for integrating archaeological, environmental, and historical data and calls for a tighter interdisciplinary cooperation.

COMPARATIVE ANALYSIS OF SETTLEMENT OF DISPUTES WITH THE PARTICIPATION OF A JUDGE AND WITH THE HELP OF MEDIATION

The purpose of the article is to define the criteria and compare the main aspects of the essence of the dispute resolution procedure with the participation of a judge and the mediation procedure. To achieve this goal, a set of modern general and special methods was used: analysis, synthesis, comparative law, generalization, etc. Through the use of such methods, the main differences and common features of the studied concepts were identified, and ways to improve them were proposed. Results: the dispute settlement procedure with the participation of a judge and the process of mediation are significantly different, so they are not identifiable. Dispute resolution with the participation of a judge is a procedure close to mediation, a hybrid tool integrated into the judicial system. The criteria for distinguishing the studied concepts are: their essence, the degree of state regulation, timing, participants in the procedure, the role and legal status of the mediator, the grounds for conducting and terminating the procedure. Among the common features: the procedure, the principles of implementation (voluntariness, independence, confidentiality, neutrality of the mediator, etc.). The need to create a special law on mediation and expand the powers of public administration bodies and their officials remains relevant. Discussion: procedural legal acts, which regulate the dispute settlement procedure with the participation of a judge, require clarification of the powers of judges during this procedure. The condition of dissemination and use of conciliation procedures in the administrative process remains unsatisfactory and requires a new approach, changing existing stereotypes about the authoritarianism of public authority. The development of a system of mechanisms for alternative resolution of administrative and legal disputes requires further thorough scientific research.

КОРУПЦІЯ ЯК ОДНА ІЗ ЗАГРОЗ НАЦІОНАЛЬНІЙ БЕЗПЕЦІ УКРАЇНИ

The results of studying practice show that corruption is one of the most dangerous socio-legal phenomena since the independence of Ukraine (1991) till this day. It not only does not allow to create the foundations of a legal, democratic and social state in accordance with Article 1 of the Constitution of Ukraine, but also does not allow to increase the level of protection of the foundations of national security in general. In particular, there were exactly corrupt practices (political, corporate, security and other similar motives) that led to Ukraine’s loss of the Crimea and the Russian Federation’s occupation of much of our state’s territory in Donbas. In this regard, as it is stated in Section 1 “General Provisions” of the Strategy for Reforming Judiciary, Judicature and Related Legal Institutions for 2015-2020, the judicial system of Ukraine and related legal institutions exist in order to protect the rights, freedoms and legitimate interests of legal entities, state’s interests through the timely, effective and equitable resolution of legal disputes on the basis of the rule of law. At the same time, among the main factors that negatively affect the efficiency of judicial and law enforcement activities in Ukraine, a special place and role is occupied by corrupt practices, which became consequences of underdeveloped institutions of internal and external control in the fight against corruption. In turn, in Section 1 “General Part” of the National Strategy in the field of human rights, in this context, the provision that the approval of this Strategy is predetermined by the need to improve the state to promote and ensure human rights and freedoms, solving systemic problems in this area, especially taking into account the fact of occupation of the part of the territory of our state and military aggression in Donbass. Moreover, along with the solution of this strategic task, efforts to strengthen national security and reform the public administration, taking into account the existing corruption component, are urgent today. Thus, it should be recognized that there is a complex applied problem that needs to be addressed immediately, including at the doctrinal level, which led to the choice of topic and object of this scientific article. Key words: corruption; national security; prevention; offense; the subject of legislative initiative; legal gap; legal conflict; determinant.

Implementation Law Issues Of Supreme Court Regulation No. 4 Of 2019 About Perma Revision No. 2 Of 2015 About Small Calim Court Resolution Procedures And Its Settlement Efforts

Legal dispute resolution can be done through non-litigation channels or through litigation channels. The non-litigation route as an alternative to dispute resolution (APS) outside the court route through its main mechanism, namely negotiation, mediation and arbitration, is increasingly loved by the public, especially the business world, because it offers various advantages compared to using the litigation route. But for some people, they still view dispute resolution through litigation as the main dispute resolution so that the consequence is that there is a buildup of cases in courts both at the first level, especially at the Supreme Court level. To anticipate this, the Supreme Court issued Perma No. 2015 concerning Procedures for Settlement of Small Claim Courts which was later revised to Perma No. 4 of 2019 concerning Amendment of Perma No. 2 of 2015 concerning Procedures for Settlement of Small Claim Courts. The Supreme Court's biggest hope is that this procedure can reduce the buildup of cases and can provide a sense of justice for the small community who demand justice, but in its implementation, there are still several legal problems that can cause the Small Claim Court to not run optimally. This study uses a normative juridical method supported by interviews. The primary data of this research are interviews with Supreme Court officials and several District Courts such as Central Jakarta District Court Class IA, Bandung District Court Class IA, Bale Bandung District Class IA and Garut District Court. Secondary data for this research were obtained from a literature study of laws and regulations governing the Small Claim Court procedure. Based on the results of the research, there are several problems related to the application of the Regulation on Small Claim Court related to the binding power of the use of the Small Claim Court, the use of a single judge in deciding, the problem of domicile differences. These problems can be minimized with several efforts to resolve them properly and effectively so that the application of the principles of fast, simple and low cost justice in a Small Claim Court is not only a mere slogan without any real realization.

Penyelesaian Sengketa Batas Wilayah Melalui Pengujian Undang-Undang di Mahkamah Konstitusi

This research discusses the interpretation of the Constitutional Court in reviewing laws regarding the formation of regions whose decisions grant the petitioner’s petition which have implications for changes in territorial boundaries, namely the Constitutional Court Decision No. 127 / PUU-VII / 2009. There are two problems examined in this research, namely (1) How is the interpretation of the Constitutional Court in resolving territorial boundary disputes through testing the laws in review of the 1945 Constitution; (2) How the design of territorial boundary dispute resolution constitutionally. The research method used is normative juridical research using a conceptual approach. In addition, it is reviewed with case studies related to the material being studied. The results of this study are (1) Based on the review of the Constitutional Court decision no. 127 / PUU-VII / 2009 which granted the request for judicial review of Law No. 56 of 2008 concerning the Establishment of Tambrauw Regency, the Constitutional Court stated that the legislators had ignored the aspirations of the people of Tambrauw Regency who had divided its territory from 10 (ten) districts into 5 (five) districts. This decision implied that 5 districts were re-entered into Law no. 56 of 2008 added 1 (one) district namely Fef District so that Tambrauw Regency has 11 (eleven) districts. Second, the design for the settlement of territorial boundaries is regulated in Permendagri Number 141 of 2017 and Law Number 23 of 2014, namely through Administrative (nonlegal) settlement by the Governor and the Minister of Home Affairs. In addition, legal dispute resolution is carried out through the Minister of Home Affairs’ judicial review rights at the Supreme Court and the Constitutional Court through judicial review of regional formation laws.

Reconstruction of Over-the-Counter Transaction Settings Based on Legal Certainty

OTC (Over-the-Counter) Transaction has become one of the alternative choices that greatly benefits to the parties. Problems then arise when the law has been formed by the competent authority, but it creates legal uncertainty due to the regulations that regulate the same things but different contents. The OTC Transactions are regulated in Financial Services Authority Regulation Number 22 / POJK.04 / 2019 on Securities Transactions. It is stated that the OTC are included in securities transactions, of which transactions can be done both in the primary and secondary markets. However, the Regulation Number 8 of 1995 does not regulate the OTC transactions. This can lead to the legal uncertainty towards the OTC transaction agents since there are more than one regulation governing the same problem. In addition, a reconstruction is needed for legal protection and dispute resolution related to the OTC transactions.Keywords: OTC transactions, regulatory reconstruction, legal certainty.