Court Litigation Research Articles

Dispute Resolution Efforts for Sharia Banking Profit-Sharing Agreements

Islamic banking relies on profit-sharing agreements as one of its fundamental financial instruments, adhering to the principles of justice and partnership in sharia law. However, disputes often arise between banks and customers regarding the distribution of profits and losses. This study examines the dispute resolution mechanisms for profit-sharing agreements within Islamic banking, focusing on litigation in religious courts and non-litigation processes such as mediation and arbitration. This research aims to evaluate the effectiveness and compliance of these mechanisms with Sharia principles while also proposing improvements to regulatory frameworks. A mixed-method approach was employed, combining normative juridical analysis and empirical research. The normative juridical method was used to review existing laws and regulations related to Islamic banking and dispute resolution. At the same time, the empirical data was gathered through interviews with key stakeholders such as banking practitioners, customers, and mediators involved in dispute resolution. The results indicate that non-litigation mechanisms, particularly mediation, are more efficient and cost-effective than litigation. However, there remains a need for greater public understanding and stronger institutional support to ensure the fairness and transparency of these processes. This research recommends enhancing dispute resolution systems in Islamic banking, aligning them more closely with legal and sharia standards.

The United States in the World Today: How Sociologists Think About It and Why It Matters

The study of policy alone often means domestic policy, of interest to generalist sociologists interested in how political ideas are turned into domestic legislation, executive action, and/or court litigation. Foreign policy, as the financial, commercial, diplomatic and military relations of a state with foreign states, remains a niche subfield. But foreign relations should be conceived of as the broader set of entanglements between societies, encompassing transnational movements, expert networks, and fields. Then, sociological theories of foreign relations can interest generalist sociologists. In this review, we illustrate how this broad view of foreign relations applies to the study of the United States in the world today (USitWT) by first surveying how sociologists of the world society and world system have focused on transnational relations and the place of the United States in their dynamics, and how they have engaged with the question of power. We then demonstrate how field theorists’ study of transnational fields can allow sociologists to reconceptualize the historical role of the USitWT by highlighting continuities between European colonial governmentalities and current US transnational practices. This field perspective can allow sociologists to understand the USitWT as transnational, postcolonial, or neo-colonial governmentality, depending on the sociological and historical depth and range of its relation with different parts of the world.

The Italian Constitutional Court and recentralization along the pendulum of regionalism

AbstractThis paper employs a quantitative analysis of the disputes between central and regional government concerning the role of the Italian Constitutional Court, focusing on the context of decentralization initiated during the late 1990s. The econometric evidence demonstrates a significant decrease in favourable outcomes for regional governments following the process of recentralization, which was commenced by central government in 2011 in response to a major financial crisis. The results of this study support the perspective of a centralistic attitude of the courts in litigation concerning subnational governments and provide fresh insights into the role of the courts in the relationship between recentralization and major economic crises.

Psycholegal issues in marital conflict

Background: Marital conflict and disputes involve many issues to be settled between the couples like finance, health, assets, children, postdivorce securities, etc. The traumatic experiences of separation affect their mental health and the future of their children. Not being conscious of their legal rights and court procedures leads to long court litigation, causing distress and trauma to the couples. Aim: The aim of the article is to find out the level of psycholegal awareness among couples in conflict, approaching forums like police and courts, and to find the difference between the two groups. Materials and Methods: A sample of 30 couples each from court and noncourt forums was taken. The demographic details were taken and a psycholegal checklist was administered. It is a cross-sectional study and exploratory research design was applied. Results: There was a significant difference in legal awareness of couples opting for redressal in the court and those opting for counseling in noncourt resolution centers. Conclusion: The results indicate that a lack of legal awareness among the couples in the two groups may be leading to lengthy litigation.

Constitution Supremacy and the Reasonable Limits of Case Law Reversal within the Framework of Constitutionality Control

Undoubtedly, constitutional supremacy can lead to spacious social peace in a constitutional democracy. The fact that the other laws in the normative hierarchy are valid and conform to the fundamental act leads to juridical security for the subjects of law. Sometimes, to guarantee the supremacy of the constitution, a constitutionality review is established through a constitutional litigation court, at other times, this review is left to ordinary courts, thus guaranteeing constitutional supremacy in both ways. Contrary to the purpose of guaranteeing constitutional supremacy, constitutional courts can disconnect themselves from what they protect – the constitution, and through undesirable case law reversals, the content of constitutional norms can be disregarded. In this context, it is necessary that some reasonable limits be brought into discussion.

An appraisal of contemporary issues in trade disputes resolution in Nigeria

Evidentially, trade dispute generally originates from the interaction within an organized labour market. In recent times, the traditional notion of trade dispute as being a dispute between workers and their employers or between workers and workers may hardly be sustained, considering the fact that in certain instances industrial action may be aimed at government and the government may not be the employer of the workers. The paper adopts doctrinal methodology to examine trade dispute resolution in Nigeria by way of analyzing the concept of trade dispute that will always occur once there exist a working relationship. The paper evaluates, the Industrial Arbitration Panel (IAP) in its present constitution which is seriously handicapped to discharge its function effectively. The body lacks the independence required and expected of an adjudicatory body, more so, with the overbearing influence of the Minister on the duties of the IAP. The paper also recommends that in spite of the enormous challenges facing the I.A.P, the simplicity of procedure at the arbitration is a major advantage it has over litigation in the regular courts particularly as they have a time frame within which to discharge any despite before it.

Analisis Efektivitas Persidangan Pidana Secara Elektronik

Electronic Trial is a series of processes of examining, adjudicating and deciding the Defendant's case by the Court which is carried out with the support of information and communication technology, audio visual and other electronic means based on the provisions of Supreme Court Regulation (PERMA) Number 4 of 2020 concerning the Administration and Trial of Criminal Cases in Electronic Courts. Carrying out administration and litigation in court through an electronic system to realize the creation of a litigation system that is more orderly, easier and in line with the needs of the times. This electronic court proceeding system is more familiar with the term e-Court. The method used in this writing is empirical juridical with an emphasis on juridical facts obtained by field researchers. The mechanism for conducting electronic hearings is based on the provisions of Article 1 Numbers 11 and 12, including electronic case administration, namely the process of delegating, receiving and numbering cases, determining the day of the hearing, determining the method of the hearing, sending summons/notifications, submitting objection documents, responding to objections, demands. , defense, replica, duplicate, verdict, excerpt of the verdict, sending a copy of the verdict to the Prosecutor and Investigator electronically via the E-court application system. The purpose of establishing electronic trials, known as e-litigation, is to support the effectiveness of a court in adjudicating and examining cases so that they can be effective in accordance with the principles of simple, fast and low-cost justice.

Alternatif Pidana dalam Penyelesaian Sengketa Perbankan Syariah di Indonesia

The objective of this text is to understand how conflicts are resolved within the realm of Islamic banking and to devise effective solutions. One prevalent challenge is the occurrence of conflicts or disputes within Islamic banks, which are at times inadequately resolved. The problem statement in this research revolves around criminal activities and dispute resolution within the Islamic banking sector. The research methodology used is qualitative, employing the literature review method or library research. The study findings highlight the significant role of Islamic banking in Indonesia across various domains, especially in the financial activities of communities and the economy, catering to individual needs. Nonetheless, operational difficulties may lead to potential conflicts or disputes. These disputes typically require resolution from both parties involved, namely the bank and the customer, as they share equal roles as stakeholders. Two dispute resolution methods have been identified within Islamic banking: litigation (in court) and non-litigation (outside court). This study identifies the challenges arising in Indonesian Islamic banking and proposes solutions to mitigate them. The two dispute resolution methods suggested by the researchers can be used to overcome challenges in Islamic banking, although each method has its own advantages and disadvantages each approach comes with its own strengths and weaknesses.

Correlation between the Arbitrators’ Discretion and the Natural Justice in Arbitration Proceedings

INTRODUCTION. This article discusses the ap­proaches developed by the courts of the Asia-Pacific region (on the example of Singapore, Hong Kong and Malaysia) on the relationship between the arbitrators’ discretion when considering disputes and the obser­vance of the principle of natural justice.The purpose of the article was to analyze the ap­proaches of national courts to the interpretation of the principle of natural justice in the context of the imple­mentation by arbitration of its discretionary powers in resolving disputes submitted to them. The risk that the arbitrators fail to find a balance between discretionary powers and natural justice is that the award may be set aside.MATERIALS AND METHODS. The study was based on the analysis of national legislation of the countries of the Asia-Pacific region, the practice of ar­bitration centers and judicial bodies, as well as the ex­isting positions of researchers specialized in the natu­ral justice issues and practitioners in the field of international commercial arbitration. The methodo­logical basis of the research includes general scientific (analysis) and special legal (comparative legal) methods.RESEARCH RESULTS. International commercial arbitration is widely regarded as an alternative dis­pute resolution mechanism to litigation in national courts. However, national courts are often involved in reviewing arbitral awards in the context of their set­ting aside in order to ensure that the arbitral proce­dure complies with the fundamental principles of nat­ural justice. The understanding of the principle of natural justice is not the same in all jurisdictions and depends on the venue of the arbitration, as well as on what rules the parties have agreed to govern the pro­ceedings. Arbitral discretion is important in filling the gaps left by the rules and guidelines formulated by various arbitral institutions and practices.DISCUSSION AND CONCLUSIONS. The author considers the approaches of the courts of Singapore, Hong Kong and Malaysia ensuring a balance between arbitrators ‘discretion and compliance with the princi­ple of natural justice, and also, based on the analyzed practice, suggests ways to minimize the risk of annul­ment of an arbitral award due to a violation of natural justice, namely the need for an established procedural protocol, which would provide certainty and eliminate problems arising in connection with the application of discretion by arbitration.

Legal Protection For Copyright Holders For Violations In The Form of Piracy of Film Cinematographic Works on The Telegram Application

The purpose of this research is to determine the legal protection sought by cinematography copyright holders against piracy of film works via Telegram. The method used in this research is a normative legal research method with a statutory regulatory approach. The research results show that acts of piracy, such as duplicating and distributing cinematographic works without the author's permission, are legal violations that harm copyright holders, both economically and morally. In the context of legal protection for the copyright of cinematographic works, there are two forms, namely preventive legal protection by the government in the form of laws and regulations that regulate it and repressive protection through dispute resolution. Creators or copyright holders can take legal steps, either through litigation in court or non-litigation outside of court with the help of third parties, as an effort to overcome piracy of cinematographic works that occurs in the Telegram application.

Considering Future Generations in Democratic Governance

Intergenerational issues encompass various future concerns ranging from climate change to government debt, which can potentially harm the well-being of future generations. Scholars have discussed intergenerational equity and justice, and efforts to incorporate future generations in decision-making in society have been growing, including establishing future-regarding institutions. Nevertheless, democratic governance often prioritizes short-term gains over long-term benefits. This thematic issue aims to present the current state of progress and academic discourse on incorporating considerations for future generations into current decision-making. The issue comprises 10 articles with a varied focus, including on young people and those who are yet to be born. Challenges such as misrepresentation and negligence in democratic deliberation are explored, along with legal obligations grounded in human rights. Proxies for future generations in political decision-making are examined, revealing limitations in enforcing their interests. The impact of political short-termism on government responses is discussed, and the role of narratives in moral philosophy is explored. Diverse cases, including climate litigation in the German Federal Constitutional Court, highlight the complexity of addressing future generations. These articles explore and identify challenges in incorporating consideration of future generations, which could be used to catalyze studies on actions that will be taken in the future.

Research on the Judicial Confirmation Procedure of Civil Mediation Agreements

After the revision of the Civil Procedure Law of the People's Republic of China in 2021, the scope of application of judicial confirmation has been expanded, but the effective application of this procedure has not been increased from the actual effect. As a non litigation procedure, it plays an irreplaceable role in the context of the reform of complex and simple separation and the establishment of a sound and diversified dispute resolution mechanism. However, since its establishment, this procedure has been controversial in terms of its nature, effectiveness, and other issues. Although it was ultimately included in the Civil Procedure Law as a non litigation procedure, there are still many shortcomings in its legal norms in terms of application subjects, initiation methods, review standards, etc. Analyze the inherent legal support and practical difficulties of these issues, and improve the connection between moral governance, rule of law, and social governance. The trinity of judicial confirmation procedures maximizes the release of the value of judicial confirmation procedures, which is of great significance for promoting the development of mediation systems, thereby promoting the governance of litigation sources to alleviate court litigation pressure, and improving diversified dispute resolution mechanisms.

Justice in the balance: The crucial role of disclosure in ensuring justice in Jordanian arbitration

AbstractAs an alternative to traditional court litigation, arbitration has gained prominence in Jordan's legal landscape for its distinct attributes like speediness, confidentiality, autonomy, and efficiency. Central to the sanctity of this mechanism is the arbitrator's duty of disclosure, ensuring that the arbitration process remains impartial, transparent, and devoid of any potential bias. This paper explores the profound significance of the duty of disclosure in Jordan by analyzing the latest Jordanian Court of Cassation Decision No. 1479 of 2023, where nondisclosure by the Arbitral Tribunal led to the annulment of the arbitral award. Through juxtaposing international arbitration norms and thoroughly examining Jordanian legislation, this study underscores the consequences of nondisclosure and the paramount importance of transparency in arbitration. The insights drawn from this case reaffirm that the foundation of arbitration's credibility and trustworthiness rests on the rigorous adherence of arbitrators to disclosure, ensuring that justice is not only served but is transparently perceived.

Penyelesaian Sengketa Kredit Macet pada BMT El Ummu Rahimah Kabupaten Sijunjung Sumatera Barat

Baitul Maal wa Tamwil (BMT) is one of the financial institutions engaged in financial services based on sharia principles in carrying out its activities. However, Baitul maal wa tamwil is not uncommon or frequent bad credit disputes committed by customers intentionally or unintentionally. This research is quantitative research, namely field research by exploring data sourced from BMT El Ummu Rahimah Sijunjung Regency, West Sumatra regarding dispute resolution in Baitul Maal Wa Tamwil. The data collected uses field research (Field Research), namely collecting data through interviews, observations and other materials. In resolving bad credit disputes at Baitul maal wa tamwil, there are alternative solutions that must be taken by customers, namely through litigation (in court) and non-litigation (out of court). However, the settlement of bad credit disputes at BMT El Ummu Rahimah is resolved in a non-litigation manner, namely dispute resolution outside the court. There are several steps taken by BMT El Ummu Rahimah in resolving bad credit disputes, namely giving warning letters, providing relief and the existence of settlements made amicably in the event of bad credit by customers. But what is no less important is that BMT El Ummu Rahimah is unable to return the customer's money. So that BMT El Ummu Rahimah was audited and all of its goods were confiscated.

The Role of Corporate Governance and Arbitration in the Indian Banking Sector: Ensuring Stability and Fairness

The Indian banking sector plays a pivotal role in the nation's economic growth and development. Its stability and efficiency directly impact the well-being of individuals and businesses. This research paper delves into the critical roles of corporate governance and arbitration in maintaining a robust and transparent banking system in India. The paper explores the fundamental principles of corporate governance, including transparency, accountability, fairness, and risk management. It analyzes how these principles contribute to ethical practices, sound financial decision-making, and protecting the interests of all stakeholders within the banking system - depositors, shareholders, borrowers, and the public. Furthermore, the paper examines the role of arbitration in resolving disputes within the banking sector. It evaluates the benefits of arbitration, such as its speed, confidentiality, and flexibility compared to traditional court litigation. The paper also discusses the challenges associated with arbitration in the Indian context, including potential bias and the enforceability of awards. Through a critical analysis of relevant regulations, case studies, and academic literature, the paper provides a comprehensive understanding of how corporate governance and arbitration contribute to a sound and fair banking environment in India.

Industrial Relations Dispute Resolution Model in Indonesia

This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.

Individual Constitutional Complaint and the ‘Romuva’ Case

The article deals with the legal basis for and the procedure of granting the status of State-recognised religious association to religious communities in Lithuania. It is based on the case study of the negative experience of the Ancient Baltic religious association Romuva, which was not granted, by the Parliament, the said status. Subsequently, the association won its case in the European Court of Human Rights (8 June 2021), the Lithuanian Constitutional Court adopted the ruling (7 September 2021), whereby it approved as constitutional the legislation on which the association’s request to be granted this status was based, and the relevant statute was amended to ensure greater transparency of the granting procedure. Despite that, the Parliament repeatedly refused to grant the said status to the association involved. The article explores in great detail the parliamentary debate during the examination of both the first and the second requests. The authors explore the possibilities for the association to pursue further litigation in the Lithuanian courts, including making use of the individual constitutional complaint to the Constitutional Court, the new measure introduced in the Lithuanian legislation only in 2019. It is demonstrated that the case-law of the Constitutional Court itself (of 2010, as well as post-2019) prevents the association from making effective use of that measure, thus leaving it with no other alternative than lodging a new application to the European Court of Human Rights, which then would have to decide on whether, in the cases like this, an individual constitutional complaint is to be considered an effective measure within the meaning of Article 35 of the European Convention on Human Rights which has to be exhausted at the domestic level.

Examination of the Law on Mandatory Registration of Immovable Property Transactions

The legislator considers transactions with ordinary documents as valid and legitimate, but with respect to immovable property, this validity is conditional upon the formal registration process. Based on this, a bill was passed in the Parliament that mandates the formal registration of immovable property transactions, which remains a subject of dispute between the Parliament and the Guardian Council. One of the challenges associated with this issue is the increase in forgery and fraud related to documents. This study is applied in nature and has been conducted using a documentary method by examining laws and credible sources, with the information analyzed descriptively and analytically. As a result, the bill on mandatory registration of immovable property transactions was introduced in the Parliament on January 2, 2017 and approved on May 20, 2020. However, after the bill was sent to the Guardian Council for approval, it faced objections. Alongside the significance, validity, and evidentiary power that document registration brings, it also has functions such as promoting ethical and social well-being in society, ensuring transaction transparency, and reducing litigation in judicial courts.

The role of the Anti-Corruption Commissions in controlling the administrative decisions

Administrative and financial corruption is one of the most dangerous phenomena in some countries such as Jordan. The adverse effects began to appear in the form of economic recession and the state’s inability to overcome the challenges of establishing public facilities and improving the quality of public services in some fields (Alqubailat, 2022). Since the rate of corruption has increased significantly in Jordan, the jurisdictions have moved away from the traditional method due to some drawbacks concerning the prolongation of the litigation court system, and resorting to alternatively regulatory bodies called grievance/ombudsman. The Jordanian Anti-Corruption Commission (JACC) as an independent governmental body has recently been granted the competence to look into grievances submitted by individuals on the issued administrative decisions. The research question introduced in this research is whether or not the new approach followed by the Jordanian government achieved the public interest in combating financial and administrative corruption by granting the JACC the authority to control administrative decisions and grievances. A descriptive-analytical methodology will be used in this article in order to determine the shortcomings of the current integrity and Anti-Corruption Law and also recommend some legislative modifications that help to enhance the role of concerned governmental departments in combating corruption.

Economic aspects of enterprise liquidation

The article examines the scale of liquidation processes of enterprises in Ukraine. Among the key factors that should be considered while making a managerial decision to liquidate an enterprise are its financial position and performance, prospects of the company’s products, competitive status of the enterprise, as well as the owner’s willingness and ability to develop it, the possibility of legal prosecution, and constructiveness of the company’s creditors. The author provides the legal grounds for termination of a legal entity’s activities both in general and for certain types of business entities. The author presents the conceptual stages of voluntary liquidation of an enterprise with a description of typical actions. The author recognizes the duration of termination, expenses incurred and income received as the key parameters to be investigated in the process of decision-making and efficiency assessment of the enterprise liquidation. The author emphasizes the difficulty of predicting each of these parameters and the need for a thorough study of the legal requirements for certain stages of enterprise liquidation, which, if ignored, can significantly extend the duration of the process, increase the costs and losses for owners, and lead to a decrease in the level of payback of their investments. The main reasons for the delay in business liquidation include inspections of the company’s activities by state authorities, litigation in courts against the actions of the company as well as its counterparties, and difficulties in forming the liquidation mass. The article emphasizes the expediency of expanding the range of potential buyers through domestic e-sales systems and trading platforms. The author emphasizes the need for preliminary preparation of the process of company`s termination by arranging, first of all, labor relations and credit policy.