Local Courts Research Articles

Legal Protection of Creditors in Credit Agreements with Warranties of Power of Attorney Impose Collateral Rights That Have not Been Registered Based on PMA/KBPN NUMBER 22 of 2017 at Pt. BPR Harta Mandiri Pekanbaru

Encounter rapidly growing, competitive, and integrated national economic development with increasingly complex challenges and an increasingly advanced financial system that requires policy adjustments in the economic field, including banking. Economic recovery is inseparable from the banking business's hazardous credit distribution. Therefore, collateral is significant in the issuance of credit. In practice, the Bank as a creditor provides credit facilities to the debtor. SKMHT was made to become a basis for making a Deed of Mortgage Rights (APHT). However, SKMHT has a term. Thus, both the creditor and the notary / PPAT must pay serious attention to the validity period because the expired SKMHT affects the APHT cannot be registered, so the Bank cannot execute the debtor's default guarantee object. The problems in this study are the factors that affect creditors in credit agreements with SKMHT guarantees that cannot register their rights and how to protect creditor law in credit agreements with SKMHT guarantee based on PMA / KBP Number 22 of 2017. The research method used is juridical-empirical and descriptive analysis, then analyzed qualitatively. Banks in credit binding only limited SKMHT as a bridge to make APHT. When SKMHT cannot be increased to APHT, the Bank cannot execute the guarantee object in the credit agreement. The factors that influence SKMHT cannot be upgraded to APHT because the Bank gives credit on specific credit based on the PMA / KBPN Number 22 of 2017, the process of registration of the mortgage is too long, negligent Notary / PPAT considering the expiry of SKMHT period so that the legal protection that can be done is by filing a civil suit at the local District Court with evidence of the binding of credit agreement between the Bank and the debtor. So that the object of the collateral can be executed.

10.E. Round table: Public health and climate change: a litigation toolkit for public health practitioners

Abstract Climate change is recognised as a public health emergency and one of the most significant challenges to the public's and the planet's health. The health impacts are well documented by the IPCC (1990-2023), Lancet Countdown (2015-2022) and a significant and growing body of research. In the absence of practical, enforceable international sanctions, litigation to oblige governments and private actors to address pollution and other environmental harms has developed over decades and is a strong domain of legal policy and practice in many countries. Cases are increasingly taken to international courts and tribunals. Litigation is also now well-recognised as a tool and strategy for climate action. In addition to environmental harms, legal arguments are now referencing the health impacts on populations, including children and future generations. The public health community has a longstanding interest and expertise in measuring, monitoring and evaluating climate change and its impacts on the health of people and the planet. However public health professionals are often unaware of the opportunities offered by litigation in local, national and international courts and tribunals, of the crucial role and value of public health professionals in such processes, and of the importance of strategic partnerships with legal practitioners as part of strategies to tackle the climate emergency. This roundtable workshop will share research and activities of a collaboration between the EUPHA-LAW, the Faculty of Public Health (UK) and the Groningen Centre for Health Law (GCHL), in collaboration with Lancet Countdown, to explore options to build the capacity of the public health community to better understand and use litigation for climate action. The workshop will describe experience and learning in the development of a toolkit for public health practitioners to understand their key role and support such legal action, including with written and oral court evidence. The workshop will also provide an update on a survey in collaboration with the Environmental Health Working Group of the World Federation of Public Health Associations to assess global interest in the toolkit and how the content should reflect the needs of developing countries. Following discussions at the EPH Conference in Berlin in 2022 and the World Congress on Public Health in May 2023, in June 2023 the issues will be addressed at the International Conference on Strategic Litigation and Public Health in Liverpool, UK, co-hosted by EUPHA-LAW, GCHL, Liverpool University and other partners. Workshop presentations will report on the findings from the international Conference in Liverpool, address legal developments in international climate change litigation (including recent and current European Cases), the role of public health practitioners, and the draft toolkit. The capacity building needs of public health professionals and opportunities to disseminate the toolkit will also be discussed. Key messages • Public health practitioners are increasingly asked to testify about the health impacts of climate and environmental harms. Knowledge, skills and interdisciplinary collaboration must be strengthened. • The climate litigation toolkit will assist public health practitioners, environmental advocates, legal experts and affected communities to jointly use litigation to address human and planetary harms. Speakers/Panelists David Patterson University of Groningen, Groningen, Netherlands Farhang Tahzib Faculty of Public Health, Haywards heath, UK Scott Burris Temple University Beasley School of Law, Philadelphia, USA Anya Gopfert University of Exeter, Exeter, UK Monica Brînzac EUPHAnxt

THE LEGAL RELATIONSHIP STATUS OF LOADING AND UNLOADING AFTER THE JOB CREATION LAW

The status of stevedoring labor legal relations is still debated among labor law experts. As a permanent worker, outsourcer, day laborer, or no employment relationship. This study aims to analyze the status of the legal relationship between stevedoring workers and the legal consequences, along with legal remedies that can be taken by stevedoring workers, if they have not received maximum rights. This legal research uses a statutory and case approach. The results of the study after analysis of the substance and procedure are the status of legal relations of stevedoring labor, more precisely as daily workers, and as members of cooperatives. The legal consequence of the employment relationship status of stevedoring workers with cooperatives is the right to share the remaining operating results, at the end of the year. The legal consequence of the loading and unloading labor service work is wages based on daily time units. There is no right to severance pay, service award money, and reimbursement money, because it is not stipulated in the Cooperative Annual Member Meeting. Legal remedies that can be taken by stevedoring workers if they do not get their rights can file a default lawsuit in the local District Court. The recommendation given is that cooperatives can establish additional rights for bonfire loading workers, such as rights that should obtain permanent employment, through the annual meeting of cooperative members.
 

FENOMENA PENCATATAN PERKAWINAN BAGI JANDA DI KUA KECAMATAN TANAH TUMBUH KABUPATEN TANJUNG JABUNG DITINJAU DARI HUKUM KELUARGA

This article aims to find out the process of registering marriages for widows in Tanah Grow District, Tanjung Jabung Regency. Uniquely, what is used instead of the divorce certificate for the prospective bride and groom is a certificate from the Village Head as a document requirement for carrying out the marriage. Meanwhile, Article 6 paragraph 2 letter (f) explains explicitly that the marriage registration procedure for widows is "having a death certificate of the previous wife or husband or in the case of a divorce a divorce certificate (divorce certificate), for marriages for the second time or more" . From this article it can be understood that if a widow wants to get married and the marriage is to be registered, then it must fulfill the existing requirements, one of which is the existence of a divorce certificate issued by the Religious Court. The type of research used is juridical research or what is called field research, namely research carried out in certain places using a qualitative approach method. Meanwhile, the data sources used are primary and secondary. The data collection methods used were interviews, observation and documentation. The results of this research show that the reasons or considerations of the Tanjung Jabung District KUA Tanjung Jabung Regency for registering the marriage of a widowed woman without a divorce certificate are: the first husband had issued a divorce, which according to the KUA was valid to continue with the iddah period having ended. Meanwhile, the pillars and conditions of marriage according to fiqh have been fulfilled. However, the administrative requirements are insufficient, namely the lack of a divorce certificate from the local Religious Court, but the prospective bride and groom replace it with a certificate from the Village Head. In this way, the KUA is not legally prevented from marrying her because one condition is lacking, namely a divorce certificate. From the KUA's considerations or reasons for all these couples, it is clear that the KUA is essentially not implementing the statutory regulations completely, this is caused by various factors. The factors that caused the KUA to issue this letter were economic factors and educational factors, because the bride and groom were classified as underprivileged, especially considering that the level of education in general in the local community was still at elementary level.

Tindak Pidana Kawin Ganda Yang Dilakukan Oleh Militer

Introduction: In Indonesia, it is no longer permitted to marry more than one person, unless the marriage has permission in the form of a local District Court decision.Purposes of the Research: This research aims To review and analyze the basis for the consideration of Military Judges in sentencing TNI members who perform multiple marriages without the permission of legal wives And to review and analyze the application of the Military Criminal Law to TNI members who double marry without the permission of their wives.Methods of the Research: The type of is anormative juridical research, namely a research in the field of law that aims to examine legal principles, legal principles and legal systematics. The legal materials used are primary legal materials, namely binding legal materials and secondary legal materials, namely legal materials that provide an explanation of primary legal materials. The problem approach used in this study is the statutory approach and the conceptual approach.Results of the Research: The results of this study, The application of the Military Criminal Law to TNI members who marry multiple marriages without the permission of a valid wife meets the elements of Article 279 Paragraph (1) to 1 of the Criminal Code declaring marriage or marriages to be a legal obstacle, That based on the consideration of the above considerations, the Panel of Judges stated that the above defendants namely Jufri Lapandewa, Praka NRP 31100265920490, legally and conclusively proven guilty of a criminal offence: "Double marriage". Convict the Defendant therefore with imprisonment: For 6 (six) months.

On reforms of economic judiciary in the light of new concepts

The article examines the problems of reforming the judicial system, taking into account the «Concept of reforming the judicial system with the aim of improving access to justice», presented in July 2023 by the Research Service of the Verkhovna Rada of Ukraine. Positive expectations from the liquidation of commercial courts of first and second instance are denied. It is emphasized that the introduction of sections for consideration of economic disputes at local courts will lead to the degradation of judicial standards demonstrated by economic courts, including compliance with procedural terms.The possibility of solving the problem of excessive burden on local courts by increasing the burden on specialized judges, which will only lead to a decrease in the quality of justice in economic litigation, has been refuted. More reasonable measures to simplify court procedures and promote out-of-court resolution of legal conflicts, as well as to fill the numerous vacancies of local court judges, are justified.Solving the problems of the judiciary is connected with overcoming the shortcomings of the procedural codes and anti-corruption policy of the state, and not with the structuring of judicial bodies.The priority objects of judicial reform have been identified: restoration of public trust in the judicial branch of government, compliance with the deadlines for consideration of cases in the system of general and administrative courts, compliance with the principles of independence of judges from state bodies, proper financing of the court apparatus and decent remuneration for the work of assistant judges and secretaries, prevention of groundless lawsuits and self-limitation of state bodies in violating the rights of private individuals, prevention of abuse of state bodies in appealing court decisions, introduction of a mechanism for mass mediation, insufficient stimulation of alternative dispute resolution methods capable of reducing the number of court cases.It is proposed to use the experience of international commercial arbitration in the improvement of economic justice.

Acquittals in the Practice of Ukrainian Judges

The article suggests the results of the study on the experience of Ukrainian judges in passing acquittals. In Ukraine, approximately 0.37 percent of the accused are acquitted. If the general local court passes an acquittal, the chances of such a decision gaining legal force are few, because on average three out of four acquittals are overturned by the appeals court. There is an opinion in the scientific community that judges who previously worked in law enforcement and prosecutors’ offices have an accusatory bias, which is the reason for the small number of acquittals. During the next stage of judicial reform in Ukraine, the legislative body even blocked the access of professionals with work experience in the above-mentioned bodies in order to prevent them from entering the newly created judicial institution – the High Anti-Corruption Court. However, the Ukrainian scientific community has not investigated yet whether such judges really acquit fewer people than their colleagues with other legal experience. Therefore, the work of the Higher Anti-Corruption Court was analyzed, and 262 Ukrainian judges reviewing criminal proceedings were interviewed on the condition of anonymity. The results of the research show that 82 % of judges have no previous experience working on the side of the prosecution. It was also found that most judges, on average, pass 1–5 acquittals during their careers. But a significant group of judges did not acquit people at all. At the same time, most of them are among those who have previous experience working in the bar: as many as 25 percent. However, judges who have previous experience working as investigators – all passed acquittals already during their judicial career. Judges who previously performed the function of criminal prosecution, after changing the type of activity, do not pass a lower number of acquittals than judges who previously performed the function of defense. In addition, there are not many such judges, and therefore, even hypothetically, it is impossible to explain the small number of acquitted persons in the country by their activity. Therefore, the impact of previous experience on the prosecution side is greatly exaggerated. Key words: acquittal, work experience, judge, lawyer, prosecutor, investigator, poll

Practical application of the reciprocity principle in the recognition and enforcement of foreign judgments in civil and commercial matters in Vietnam

The reciprocity principle was first introduced in Vietnam by Decree 83/1998 to allow for the recognition of foreign non-executionary judgments, decisions on family and marriage matters in Vietnam. It was then adapted in the first Civil Procedure Code in 2004 and was later modified in the current Civil Procedure Code for the purpose of recognition and enforcement of foreign judgments from non-treaty countries. This article examines the practical application of this reciprocity principle in Vietnamese courts by analysing cases in which they have recognised or denied recognition to foreign judgments in civil and commercial matters (that is, non-family matters), as well as a recent development in the Supreme Court’s Resolution Draft on guidance on the recognition and enforcement of foreign judgments, which adopts a presumed reciprocity approach. The article concludes that the courts have not applied the reciprocity principle in a consistent manner. The resolution for this current problem is for the presumed reciprocity approach to be promulgated soon to facilitate a uniform application in the local courts.

Judicial self-government in Ukraine

This article is devoted to the study of judges in Ukraine, the order of their employment in administrative positions. Being a judge of the relevant court is not only a profession, it is an observance of the rules of conduct that must be observed every day both in one’s work and in one’s personal life. The judicial profession differs from other professions, a judge must be guided only by procedural law. Also, when administering justice, a judge cannot depend on the legislative and executive bodies as a whole. It will be appropriate to consider the issue of a judge in an administrative position. And determine their order of appointment to the relevant position in the court. Today, the issue of judges in administrative positions is very extensive and requires additional research. The draft law “On restoring trust in the judicial system of Ukraine” was developed with the aim of ensuring the implementation of guarantees of the independence of judges, as well as reducing illegal influence on judges who hold administrative positions, the relevant courts, restoring trust in society, as well as in the judiciary. Therefore, the achievement of the goal is proposed through the adoption of the specified law. It provides for the term of holding an administrative position in the courts of cassation up to three years, and also establishes restrictions on the possibility of the same person occupying the position of the head of the court for two consecutive terms. But the main Law of Ukraine for regulating the appointment of judges to administrative positions is the Law of Ukraine “On the Judiciary and the Status of Judges”, which regulates issues related to all judges. Well, let’s summarize the above-mentioned law, which entered into force on March 28, 2015. Part 4 of Article 20 of Law No. 2453, as amended by Law No. 192, stipulates that a judge elected to an administrative position in the manner specified by this article cannot hold one administrative position of the corresponding court for more than two terms in a row. In connection with the adoption of this draft law, on January 4, 2023, the Verkhovna Rada of Ukraine registered an alternative draft law 8296-1 on the election of court presidents, in which it is proposed to provide for the possibility of early dismissal of the court president from office by the Council of Judges of Ukraine, in case of non-compliance with the restrictions on holding the office the chairman of the court is a judge who has already been elected for more than two terms in a row. This Draft Law proposes that judges of all courts of the country (from local courts to the High Anti-Corruption Court and Cassation Courts as part of the Supreme Court) elect presidents and deputy presidents of courts for a period of 4 years, but only the head of the Supreme Court will personally approve them. Key words: state, judge, procedure for appointing judges, administrative position, judicial power, justice, legal status of judges.

Peculiarities of civil law protection of honor, dignity and business reputation on the internet as objects of the right of an individual to information regarding himself

The article defines the concept of information about an individual as an object of civil rights. The author analyzes the state of legislative regulation of the relationship between the concepts of “personal information” and “personal data”. The basic principles of information relations are highlighted. The issues of the right to privacy in the context of technological progress and digitalization are outlined.The author examines and analyzes a whole range of controversial issues which arise for both civil theorists and practicing lawyers and attorneys-at-law (barristers) on the issues of protection of honor, dignity, and business reputation of individuals on the Internet, including the grounds for legal relations around protection of an individual’s honor, dignity, and business reputation. The article provides a general overview of the conceptual framework and theoretical foundations of the legal definition of honor, dignity, and business reputation of an individual. Particular attention is paid to the issue of defining negative and unreliable information, as well as the legal nature of the appearance and dissemination of such information on the Internet. Also, author research the conceptual foundations of the mechanism of protection of individual’s rights to honor, dignity, and business reputation. The author also pays attention to identifying the shortcomings of the legal regulation of the protection of these rights.The article highlights the specifics of practical issues arising for an individual who is trying to protect personal non-property rights to honor, dignity, and business reputation, which are violated because of posting information on the Internet which, in the individual’s opinion, is not unreliable. To this end, author has reviewed and analyzed several different court decisions (cases) of various instances (from local courts up to the Supreme Court and the European Court of Human Rights).The author makes a logical and consistent conclusion that such legal categories as honor, dignity and business reputation belong to the objects of the right of an individual to information regarding himself. The author offers general recommendations on the choice of legal instruments and methods for protecting an individual’s honor, dignity, and business reputation on the Internet.

Viewing Then Doing?: Problem-Solving Court Coordinators’ Perceptions of Medications for Opioid Use Disorders from a Nationally Representative Survey in the United States

Background. Overdose deaths in the United States (U.S.) surpassed 100,000 in 2021. Problem-solving courts (PSCs), which originally began as drug courts, divert people with nonviolent felonies and underlying social issues (e.g. opioid use disorders (OUDs)) from the carceral system to a community-based treatment court program. PSCs are operated by a collaborative court staff team including a judge that supervises PSC clients, local court coordinators that manage PSC operations, among other staff. Based on staff recommendations, medications for opioid use disorders (MOUDs) can be integrated into court clients’ treatment plans. MOUDs are an evidence-based treatment option. However, MOUDs remain widely underutilized within criminal justice settings partially due to negative perceptions of MOUDs held by staff. Objective. PSCs are an understudied justice setting where MOUD usage would be beneficial. This study sought to understand how court coordinators’ perceptions and attitudes about MOUDs influenced their uptake and utilization in PSCs. Methods. A nationally representative survey of 849 local and 42 state PSC coordinators in the U.S. was conducted to understand how coordinators’ perceptions influenced MOUD utilization. Results. Generally, court coordinators hold positive views of MOUDs, especially naltrexone. While state and local coordinators’ views do not differ greatly, their stronger attitudes align with different aspects of and issues in PSCs such as medication diversion (i.e. misuse). Conclusions. This study has implications for PSCs and their staff, treatment providers, and other community supervision staff (e.g. probation/parole officers, court staff) who can promote and encourage the use of MOUDs by clients.

Tanggung Jawab Hukum Dokter Gigi Atas Terjadinya Risiko Terhadap Pemasangan Implan Gigi Pada Pasien

The development of dental implant science and technology has developed rapidly, the installation of dental implants is an option in replacing missing teeth. Recently, the construction of denture bridges with implant supports has been widely used and is often successful, however this does not rule out the possibility of failure in dental implant treatment. Granting additional authority to dentists with the aim of equal distribution of health services in Indonesia, there are no rules that clearly regulate the authority of dentists in placing implant dentures. This research is structured using the type of normative legal research, namely research that is focused on examining legal norms in an applicable statutory regulation related to the subject matter. The purpose of this study was to analyze the authority of dental implant placement by dentists and to analyze the legal consequences associated with the risk of dental implant placement in patients. The results of this study indicate that dental implants are the clinical authority of specialist dentists, dentists' authority in installing dental implants is limited to theoretical understanding, regarding various types of dental implant therapy, mastering application theories in dental implant cases only. Regarding the risk of failure in installing dental implants by dentists, legal remedies that can be taken by patients for losses experienced are by way of a civil suit to the local district court on the basis of liability for losses due to unlawful acts

“Unlawful Intimacy”: Mixed-Race Families, Miscegenation Law, and the Legal Culture of Progressive Era Mississippi

AbstractThis article examines the enforcement of anti-miscegenation law in Progressive Era Mississippi by focusing on a series of unlawful cohabitation prosecutions of interracial couples in Natchez. It situates efforts to police and punish mixed-race families within the broader legal culture of Jim Crow, as politicians, judges, and district attorneys sought stricter enforcement of morals laws, including those barring interracial cohabitation. This article argues that the historic prerogative of white men to choose their sexual and domestic partners undermined the illegality of interracial marriage. Lynching deterred Black men from cohabiting with white women, but prosecutions for “unlawful cohabitation” did not effectively punish white men and Black women who formed lasting partnerships. This article relies on extensive research in local court records that reveal that prosecutions of white men and Black women often resulted in fines and, in many cases, had little effect on these mixed-race families. In Natchez and elsewhere, eugenic ideologies of “white racial purity” were no match for a patriarchal legal culture that gave white men leeway to ignore the law when it suited them, even amid outward denunciations of miscegenation. In Mississippi, many white men did not view relationships between white men and Black women as a clear threat to white supremacy, creating space for some interracial families to survive into the twentieth century.

Improving Drug Courts: A Preliminary Study

Since the early 1980s, specialized problem-solving courts known as drug courts emerged in the United States as a response to the backlog of drug and alcohol-related cases plaguing the U.S. criminal justice system. In a few decades, with the seeming success of the drug court in helping AOD defendants achieve sobriety while reducing recidivism, the drug court model has achieved international prominence as well. This paper discusses a pilot study which seeks to analyze the feasibility of connecting a website, drughelp.care, developed at the host institution of the co-authors, to the everyday operations of local drug courts. Talcott Parsons’ AGIL schema is utilized as a conceptual template for organizing our thinking about how the website could improve services to administrators and clients according to the unique functional elements of the drug court.

Some Reflections on “Sharīʿah Clauses” of Islamic Finance Contracts

This study delves into resolving financial disputes on Shar'ah contract clauses involving parties from different jurisdictions. There is a lack of explicit references to Shar'ah law in the choice of law clauses in financial contracts. The study emphasizes the complexity of applying Sharīʿah principles due to different interpretations. The jurisdictions lacking Shar'ah law expertise on Islamic finance disputes may set unfavorable precedents. The recommendations include strengthening local jurisdictions in Shar'ah-based legal systems by training judges and arbitrators. Encouraging Islamic Financial Institutions (IFIs) to adopt Shar'ah compliance procedures, collaboratively developing unified IB&F Law, offering mechanisms of comprehensive training of legal practitioners, promoting confidence in local courts, creating a collaboration platform, and developing a comprehensive handbook for adjudicators, etc. are recommended measures to enhance Shar'ah-based dispute resolution and maintain credibility, stability & growth of Islamic finance sector.

Administrative justice as a way of ensuring public order

In the article, from the point of view of the modern theory of administrative law, administrative proceedings considered as a way of ensuring public order. The methodological basis of the article consists of a systematic approach and a system-functional analysis. The category «public order» considered. Attention drawn to the lack of a single theoretical approach to defining the concept of «public order» in administrative law. The problematic aspects of the category «public order» are considered, the legislation and judicial practice are examined, which allow us to conclude that there is no unified understanding and theoretical approach to the definition of the concept of “public order” in administrative law. It proposed to understand public order as an administrative-legal institution that ensures the supremacy of the law in the sphere of management. Public order is a complex construction of law, the content of which is important, as it allows identifying the sphere of administrative activity of the state in public management, to separate administrative activity from judicial activity in the context of administrative justice. It indicated that general local and administrative courts and the system of commercial courts carry out administrative proceedings within the current judicial system. According to the current legislation, disputes related to the administrative responsibility of legal entities and individual entrepreneurs handled in the commercial court. Administrative proceedings in commercial courts is a field of judicial activity introduced as a means of judicial control in the field of public legal relations, but the specified activity must be conducted within the scope of administrative proceedings. Proceedings in cases of administrative offenses are assigned by the legislator to the competence of executive (public) authorities, occupy a separate place in the sphere of public administration, are not a function of the judiciary from the point of view of the current legislation of Ukraine and scientific views on administrative and jurisdictional activity that take place in scientific circles countries of the European Union.

Az 1983. évi Codex Iuris Canonici házasságok érvénytelenségét kinyilvánító peres eljárásainak gyakori jogcímei a kortárs bírósági gyakorlat fényében

This study reports on the matrimonial litigation proceedings of contemporary cases. Standing based on the method of legal comparison, it is possible to investigate the substantive matrimonial law of a sovereign legal system, primarily from the aspect of practice. The author primarily wishes to share his own practical experiences with the professional reader. The reform of the Codex Iuris Canonici is based on the theological reform of the Second Vatican Council, which placed pastoral aspects before jurisprudential aspects, thus the resulting Code (1983) also looks at the institution of marriage through the lens of a love relationship, not denying the contractual nature, but not emphasizing it either. Nowadays, most court proceedings are typically run on three legal grounds, so the study is limited to describing them. The presentation relies on three sources: the judgments of a local ecclesiastical court, canonical publications, and the opinions of the Rota Romana.

Analisis Hukum Praktik Human Trafficking Dengan Modus Pengangkatan Anak Tanpa Penetapan Pengadilan

Procedurally, the applicable law states that a child adoption needs to go through the procedures for applying for a determination of adoption to the local District Court. If a court decision has not been obtained, it turns out that it can be reported to the local police. Children who are traded by their biological parents to other people, of course, involve various parties. For this reason, it is necessary to know the criminal responsibility of these perpetrators, and what is the basis for the panel of judges considerations in imposing a sentence on the defendant in a case of adoption which results in child trafficking as referred to in the P.N.Sim Decision. No. 398/Pid.Sus/2017 An. Defendant "G.M". The issues raised are: First, regulation of human trafficking crimes in Indonesia; and second, legal analysis of the practice of criminal acts of human trafficking with the mode of adoption without a court decision. 398/Pid.Sus/2017. This research is juridical-normative research which is descriptive-analytic. The results of this analysis show that: First, the provisions on criminal sanctions in the PTPPO Law cannot be used to indict perpetrators of child adoption without a court order; Second, based on the criminal responsibility of the Defendant "GM", he can be responsible for the mistakes he has made. It is recommended that the Government of Indonesia make a policy by summarizing the procedures for adopting children through the courts.

EFEKTIVITAS PENERAPAN KONSINYASI DALAM PEMBERIAN GANTI RUGI PENGADAAN TANAH

<p><em>The land is one of the natural assets controlled by the State of Indonesia as stipulated in Article 33 paragraph (3) of the 1945 Constitution. The word control has the meaning of being authorized to regulate by issuing statutory regulations. Even so, land problems are still a problem that often occurs in society, especially related to land acquisition for public purposes and accompanied by compensation. The purpose of this study is to the extent to which the effectiveness of the application of consignment in the provision of compensation due to land acquisition. The research method in this writing uses a normative juridical approach and data analysis used is qualitative and data collection is carried out by collecting primary, secondary, and tertiary materials.</em></p><p><em>Based on the results of the analysis of this writing, the application of consignment in the provision of compensation for land acquisition can be the final way in resolving disputes between the government/institution/agency and the community when there is no agreement due to various factors such as the owner or heirs not being present and difficult to communicate related with land acquisition for public interest or this disagreement is due to the absence of an agreement on the amount of compensation in which compensation for land acquisition is considered too small so that it cannot meet further needs. The consignment request is carried out by the Debtor/Agency/Institution/Government to deposit compensation money through the local District Court and of course, use the applicable provisions as stipulated in the Law so that it has permanent legal force.</em></p>

Analisis Jumlah Perkara Dispensasi Kawin di PA Sidoarjo sebelum dan sesudah Disahkan UU No. 16 Tahun 2019

The main topic of discussion in this research is the age limit for marriage in Islam which is then analyzed by the views of religious leaders regarding the topic of discussion. This study aims to find out how the age limit for marriage in Islam is then analyzed by the Islamic scholars. Islam itself does not limit the ideal age for marriage. But in general what is commonly known is that they are mature, have good sense, are able to distinguish between good and bad so that they can give consent to marry, when the time comes for someone to get married. In the corridor of law regulations, Indonesia provides rules for a minimum age limit for marriage where if the bride and groom have not reached the stipulated age, then they must go through the process of requesting dispensation from marriage at the local religious court. The problem is, the various reasons put forward by the applicant for the marriage to be carried out immediately. In this study, the author will describe the dynamics of the issue of marriage dispensation at the Sidoarjon religious court in the range before and after 2019.
 Keywords: dispensation of marriage, early age, child marriage.