Object Of Dispute Research Articles

PERTIMBANGAN PUTUSAN HAKIM PERKARA HARTA BERSAMA NO.0233/PDT.G/2018/PA.TBH DI PENGADILAN AGAMA TEMBILAHAN

This research is motivated by the decision of the panel of judges at the Tembilahan Religious Court which decided the joint property case, the judge decided that the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the joint property, which the judge's decision is not in accordance with the KHI article 97. The results of the decision research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by legislation, the Compilation of Islamic Law, such as this case according to legal certainty then the distribution is that the wife gets 1/2 and the husband gets 1/2 so if only this is applied rigidly in the case it will reduce the values of justice itself, thus the judge in determining this joint property case uses Legal Justice. Law). In Islam the concept of justice is to put something in its place, to give something that is rightfully his with a balanced level. During the marriage the Defendant (wife) was more dominant in earning a living and producing property, which then became the source for buying and renovating the house which is currently the object of dispute.

The Networked Politics of Cybersecurity: Co-Production and Tensions around Incident Response.

Computer systems, networks and infrastructures are the foundation of a digitally connected society. They are managed and maintained by a diverse and transnational group of actors. While many cybersecurity scholars have focused on the role of states and private companies in the ‘making of cyber-security’, such emphases tend to obfuscate the plethora of practices, understandings and communities across the public-private continuum that are engaged in identifying, handling, and responding to incidents and threats. Historically, incident response has been continually associated with the role of CERTs or Computer Security Incident Response Teams (CSIRTs) – an organisation that operates as a focal point to the identification, reporting and handling of cyber incidents. These so-called — yet often-unseen —‘digital fire brigades’ or ’first responders’ (Skierka et al. 2015) possess specific communicational designs (e.g.: informal networks based on interpersonal relationships, protocols such as Common Vulnerability Scoring System and others) and jointly comprise a global network of information sharing and cooperation. However, as a practice, incident response remains perennial to the functioning of any interconnected system and infrastructure, often taking different institutional forms across public and private institutions. In addition, incident response also signifies the operation of many communities working on conducting these routine activities that are focused on the repair, maintenance, improvement and measurement/classification of cybersecurity incidents that may or may not be under a CERTs or CSIRTs. In general terms, incident response predates institutionalised forms of ‘teams’. From a system administrator monitoring networks in an institution to more offensive-facing teams such as Security Operation Centres (SOC), different communities engage in incident response. Teams have taken distinct shapes and forms in response to numerous factors that include but are not restricted to business incentives for threat-detection and more ‘active’ approaches, national cybersecurity concerns, and acceptance of widespread discourses around the lack of professional capacities as an inherent condition to contemporary cybersecurity challenges (Shires, 2018). The politics of change in incident response practices do not occur in a vaccum, rather they are co-produced (Jasanoff, 2004) in a landscape where cybersecurity has become the object of dispute in geopolitical battles, regulatory agendas, business solutions, among other areas. These changes are often enunciated in official speeches from heads of state, crystallized in government and business reports, and stabilized through the development of tools, manuals and standards that suggest new ways for conducting ‘response’. From G7 2021 declaration mentioning responsible state behaviour in cyberspace to cybersecurity manuals, incident response is a key function for coordination, resilience, and stability of cyberspace. Understanding and exploring the spectrum of political challenges reconfiguring incident response can therefore aid in better-capturing challenges in coordination and the fragmentation of efforts to respond to cyber threats. What is more, it provides a perspective of how particular representations of incident response are crystallized and the consequences that has to cybersecurity governance. So, while incident response is networked as a practice, we explore the tensions that arise in networking processes. Based on document analysis of CSIRT manuals, cybersecurity regulations and policies, and incident response literature, the paper looks at three areas where these tensions arise: professional development, regulatory advances, and geopolitical disputes. Each of these areas provides an important insight into the ways in which ‘response’ is prescribed, stabilised and networked in emergent ways – and the consequences they bring to the politics of cybersecurity. The paper is divided into three parts. First, we explore some of the factors that are shaping how incident response is practised and understood, and why this matters for understanding new configurations of cybersecurity politics. Second, the paper analyses the different ways in which incident response has been institutionalised and the impact that has to shifting the actors and practices that integrate ‘incident response’. Third, we discuss some of the ‘pressure points’ that have been contesting and reshaping the supposed borders of how and who should be involved in ‘response’.

La grammaticalizzazione dell’it. fa

Abstract It. fa ‘ago’ represents a rare case of grammaticalization of a finite verbal form and a typical example of what we call ‘preadaptive change’. Its present categorical status, however, is an object of dispute between the different approaches of historical and theoretical linguistics: on the one hand fa is considered an adverbial, on the other hand a postposition, becoming a sort of test of the explanatory power of both the approaches. After a reconsideration of the data throughout the history of Italian and a scrutiny of the literature, we come to the conclusion that in the case of a grammaticalization process both the structural features and the inherited properties are necessary to assign the categorial status and in the case in question converge towards the adverbial function.

A Reparative Reading of Feminism

ABSTRACT The aim of this article is to offer a reparative framework for current feminist approaches, most of which seek to inhabit rather than assimilate previous forms of inclusivity or intersectionality, by vindicating the pioneering role of past feminisms. For this purpose, I will stick to a double-edged methodological tool that has been an object of dispute in feminist and literary studies for the last decades, namely, critique and postcritique, two concepts that could be said to bear witness to old and new ways of doing feminism. My aim is not to dismiss recent feminist work but to render visible forgotten critiques that have been an essential heritage of feminism. To acknowledge such debts is part of the reparative reading I present here, for I hold that the desire for deep knowledge is accretive and demands a closer and more respectful attention to past practices and theoretical positions.

Expansion of the Objects of State Administrative Disputes after the Enactment of Law Number 30 of 2014 Concerning Government Administration and Supreme Court Regulation Number 2 of 2019 Concerning Guidelines for the Resolution and Authority to Adjudicate Unlawful Conducts by Government Agencies or Officials (Onrechtmatige Overheidsdaad / OOD)

Historically, State Administrative Court (PTUN) has existed since 1986, with the enactment of Law Number 5 of 1986 concerning State Administrative Court which currently has been amended by Law Number 9 of 2004 concerning Amendment to Law Number 5 of 1986 concerning State Administrative Court and amended again by Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Court. The role of the Administrative Court according to the explanation of the law, the PTUN functions as a control or supervisory agency thus legal actions from government officials do not deviate, in addition to protecting the rights of citizens from the actions of officials who abuse their authority or act arbitrarily. Currently, the object of dispute and can be sued at the State Administrative Court is only a State Administration decision reduced by the exceptions stipulated in Article 2 and Article 49 of the PTUN Law. The provisions of Article 3 of the Administrative Court Law No. 5 of 1986 on negative fictitious could potentially no longer be enforced since the enactment of Article 53 of the AP Law which stipulates positive fictitious. Since the promulgation of Law Number 30 of 2014 concerning Government Administration (hereinafter referred to as AP Law) on 17 October 2014, there has been a change in the legal criteria from the government written stipulation (beschikkingen) which was initially restrictive and can be sued to the PTUN, yet it has recently become extensive (which was originally mere beschkking, currently it almost covers all variations of besluiten). With the enactment of the AP Law, there will be an expansion of absolute competence and objects of state administration disputes, as stipulated in Article 87 of the AP Law which includes: first, Government Administration Decrees, as stipulated in Article 1 point 7 of the AP Law; second, Government Administration Actions Based on Article 1 point 8 of the AP Law. Furthermore, with the enactment of the Supreme Court Regulation Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and the Authority to Adjudicate Unlawful Conducts by Government Agencies and/or Officials (onrechtmatige overheidsdaad / OOD), the judicial power shall transfer from the General Court to the State Administrative Court. This crucial matter continues to be the groundwork and reason for conducting the current research entitled the expansion of the state administration dispute object after the enactment of Law Number 30 of 2014 concerning Government Administration and the supreme court regulation (Perma) Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and Authority to Adjudicate Unlawful Conducts by the Government Agencies and/or Officials (onrechtmatige overheidsdaad / OOD). Conducted through normative juridical research method, this research-based paper examined the interviews through judges at PTUN Jakarta and Bandung and the main data source within this qualitative analysis serves as the secondary data or literature data.

La estética modal como herramienta de análisis cinematográfico.

Modal aesthetics emerges from Nicolai Hartmann’s ontology, whose modal distribution has three fundamental categories: the Repertorial, the Dispossitional and the Landscape which diverse dynamic equilibriums articulate both the artwork and the aesthetic experience. In this way, movies and our responses to them would appear as manifestations of diverse “modes of relation”, which organize the cinematographic work along with the sensitivities coupling with it, while integrating them both within the technological-historical development.As a result of the different modal equilibriums available, film poetics can eventually be better understood in their dependence to repertorial aesthetics. Such is the case with classic American which following the logics of the mode of the necessary, has been able to produce and consolidate a series of aesthetic patterns based on invisibility and that have come to us as a collection of filmic forms. On the other hand, the dispositional aesthetics deploy the mode of the possible. This is the case of the film vanguards, where new ways of doing things are built against what was previously considered necessary. Other film aesthetics can put the focus on the mode of effectiveness: this could be the proper focus to understand the character of werewolf, whose iconography comes to a full crystallization in the cinema, while being the object of dispute between a number of differente efectivities that are happening and that change both the man and the werewolf that emerges from the metamorphoses.Of course nothing here happens in isolation, since modal aesthetics categories are dynamic devices which describe different modal tensions and processes.

WORLD-CLASS UNIVERSITIES COMO CONCEITO EM DISPUTA NA EDUCAÇÃO SUPERIOR

O artigo tem como objetivo analisar o conceito de world-class universities como objeto de disputa no competitivo campo da educação superior, partindo da premissa que no mundo globalizado sua origem e consolidação ocorrem tomando como referência básica padrões internacionais de qualidade. De natureza teórica, o trabalho problematiza a educação superior na economia do conhecimento, de maneira articulada à exploração de dados produzido pelos dois principais rankings que classificam essas universidades – Academic Ranking of World Universities e Times Higher Education World University Rankings – publicados, respectivamente, nos anos de 2019 e 2020. Conclui-se que o conceito desse novo modelo de universidade considera critérios e indicadores globais de qualidade, mas também a ação das demais universidades que fazem parte do campo da educação superior.

La influencia de la posición de los agentes en la elaboración de políticas públicas de turismo en campos turísticos: una perspectiva comparada en América Latina

El propósito de este artículo fue analizar la dinámica de interacción entre los agentes de los campos turísticos de Juiz de Fora (Brasil), Quito (Ecuador) y Mazatlán (México) en torno a la elaboración de una política turística, la cual es tomada como objeto de disputa central en cada campo. La teoría de los campos sociales de Pierre Bourdieu fue utilizada para entender la dinámica de la interacción entre los agentes, identificando aquellos con mayor volumen de capital. Utilizamos técnicas historiográficas, cualitativas y cuantitativas para reconstruir cada uno de los campos turísticos y analizar los elementos que conducen a las disposiciones y toma de posición de los agentes. De la comparación entre los campos turísticos latinoamericanos se desprende que, en los tres casos, el proceso de elaboración de las políticas turísticas tiende a estar influido predominantemente por los agentes con mayor volumen de capital, aunque el proceso de interacción y su resultante se produce de forma diferenciada, donde el tipo de agente y el de capital específico varían según el contexto y la estructura política de cada campo. Todavía, en todos ellos, la política pública resultante tiende a asumir el punto de vista formal supuestamente neutro, dialógico y consensuado, enmascarando, así como universales los intereses particulares de cada agente

La destrucción del libro en Valparaíso, 1973

Comprender las memorias sobre las prácticas de eliminación y destrucción de libros “peligrosos” en la región de Valparaíso durante la dictadura militar de 1973 en Chile adquiere potencial impacto, considerando que los estudios sobre las prácticas de destrucción del libro, control editorial y allanamiento de las bibliotecas son casi inexistentes en la literatura nacional. El presente estudio pretender contribuir con su propuesta a replicar la investigación en otros contextos, nacionales e internacionales, y ampliar la producción de memorias sobre la temática. La metodología empleada es de tipo cualitativa y enfatiza en la comprensión de las memorias como procesos subjetivos anclados en experiencias, en marcas simbólicas y materiales en objeto de disputas, conflictos y luchas. Como técnicas de producción de información se empleó el análisis de documentos y las entrevistas cualitativas. Los resultados de la investigación se produjeron a través del análisis de contenido cualitativo, generándose categorías analíticas y emergentes que permitieron describir las prácticas de destrucción de libros y el contexto de realización.

Decision and Prescription of the Antimonopoly Body as Objects of Dispute in the “Arbitrazh” (State Commercial) Court

Based on the analysis of judicial practice and science, the paper substantiates that the decision of the antimonopoly body on violation of the antimonopoly legislation by an economic entity and the injunction issued on its basis can be attributed to public non-regulatory legal acts, and challenging them can be referred to as proceedings on cases arising from public legal relations. The author highlights some problems of theoretical and practical nature of a separate dispute of a decision and a prescription. It is justified that challenging the decision and prescription separately is impractical. In cases of challenging only the decision or only the order of the antimonopoly body, a state commercial court, in case of doubts about the legality of both acts, may, on its own initiative, check for the legality of both of these public non-regulatory legal acts, going beyond the stated requirements. The author substantiates that the existence of two non-regulatory legal acts of the antimonopoly body (decisions and prescriptions) is unjustified and, over time, the decision and prescription of the antimonopoly body can be reduced to one act — the decision of the antimonopoly body.

KLAUSULA ARBITRASE DAN ITIKAD BAIK PARA PIHAK SEBAGAI DASAR PENYELESAIAN SENGKETA BISNIS INTERNASIONAL

When the parties have agreed to choose arbitration as the dispute resolution agency, the district court must refuse to examine and adjudicate on the dispute, if one party brings the dispute resolution to the district court. However, in practice there are those who still choose to use the path of the judiciary. Among them is the case of Decision Number 410 / Pdt.G / 2011 / PN.Jak.Pst. and 534 / Pdt.G / 2011 / PN.Jkt.Sel although with different decision results. Based on the reality of this practice, this paper intends to examine whether the decision number 410 / Pdt.G / 2011 / PN.Jak.Pst can be deemed as International Civil Law and whether the action as the object of disputes in the Case Number 410 / Pdt.G / 2011 / PN.Jak.Pst is an unlawful action. Cases that are settled in a district court regardless the clause that states that in the case of dispute, it will be settled arbitrarily by the parties, then the decision produced by the District Court is not an international civil law. Actions which are subject to dispute in the Case Number 410 / Pdt.G/2011/PN.Jak.Pst are not unlawful acts. The absolute competence of arbitration is that a case arising from the agreement itself is not an act that is regulated outside the agreement even though there is a clause stating that if there is a dispute it will be settled arbitrarily. When the parties no longer have a good intention to settle the dispute through arbitration, then this becomes the authority of the district court. Keywords: International Business Dispute Arbitration Clause.

«¡Más vale que me conteste!»

La telefonía móvil es la tecnología de más amplia difusión entre las tecnologías de información y comunicación (TIC). A diferencia de otras (y especialmente Internet), el teléfono móvil se utiliza de modo principal para reforzar los lazos preexistentes, especialmente los de grupos de pares y familiares.
 En este trabajo se utiliza un acercamiento de tipo cualitativo, basado en entrevistas en profundidad y grupos de discusión, para indagar en los procesos de apropiación de la telefonía móvil en el ámbito doméstico, y la articulación de los mismos con las relaciones familiares entre, por un lado, madres y padres y, por el otro, sus hijas e hijos. Encontramos que los teléfonos móviles se han convertido en una infraestructura de soporte de la cotidianidad familiar, especialmente cuando hijas e hijos se desplazan fuera de la casa. Más allá de la incorporación de la microcoordinación, el contacto permanente en el nivel fático permite aquietar la angustia inherente al incremento contemporáneo del riesgo.
 Esto explica que los teléfonos móviles se hayan convertido, en el seno de las familias, en objeto preferente de disputas, negociaciones y control, volviéndose un aspecto central de la parentalidad contemporánea.

Pengujian Keputusan Fiktif Positif Di Pengadilan Tata Usaha Negara

Article 53 of Law Number 30 of 2014 on Government Administration (Law 30/2014) does not provide an explanation of the criteria for positive fictitious decisions/actions of Government Agencies and/or Officials, but rather authorizing the State Administrative Court to review the reports on positive fictitious decisions/actions. As a form of expansion of the object of disputes in the State Administrative Court, positive fictitious decisions/actions require in-depth study considering there are obstacles in their implementation as well as the review at the State Administrative Court. This writing intends to determine the criteria for positive fictitious action of Government Agencies and/or Officials and to find out how to test positive fictitious decisions / actions by the State Administrative Court. This is a normative legal research, in which the results indicate, first, the criteria for positive fictitious decisions/actions can be identified by exploring the principal elements in Law 30/2014 and in the Supreme Court Regulation Number 8 of 2017. Second, the examination of positive fictitious decisions/actions is by using applicable laws and regulations and general principles of good governance.

Hakikat KTUN Menurut Undang-undang Peradilan Tata Usaha Negara Vs Undang-undang Admnistrasi Pemerintahan

KTUN as object of dispute in PTUN has been regulated in the Administrative Court Law including the procedure. After the promulgation of the Administrative Law of the Government, KTUN and the procedure also regulates the Law on Government Administration, but it is a difference in the regulation of the nature of decisions and procedures. The type of research used is normative legal research. Based on the results of the study it can be concluded that there are differences in arrangements for the 3 aspects regulated in the Administrative Court Law and Government Administration Law, namely the first arrangement of the nature of the KTUN, where the concept of KTUN becomes a supplement after the birth of the Government Administration Law and has implications for changes supported by PTUN. Arrangement of Registration status that is kept quiet by the Agency and / or TUN Officials, which were previously fictitious negative but after the birth of the Administration Administration Law became fictitious positive; Carry out a claim filed by the administration in the form of an appeal. Although there are differences, regulating for the material law based on the Government Administration Law and formal law is still guided by the Administrative Court Law. The implication of the regulation on the nature of the KTUN in the Administrative Court Law and Government Administration Law is as agreed by the KTUN and suspended by PTUN authorities, a positive fictitious decision that cannot provide legal guarantees and filing a claim to PTUN against a belt connection which is not in accordance with the principle simple, fast and cheap court.

Tinjauan Yuridis Tentang Peralihan Hak Atas Tanah dalam Objek Sengketa

<p class="JudulAbstrakInggris"><em>Juridical Issues Regarding Transition of Land Rights in the Object of Disputes</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>Land is a place for human settlements as well as a source of livelihood for those who make a living through agriculture and ultimately land is also the last place for people to die. The law regarding land in Indonesia is influenced by a colonial legal system. This is because for hundreds of years Indonesia was colonized by the Dutch, so that there are two kinds of land ownership, namely lands with western rights and lands with customary rights, of course different about the transition, in terms of buying and selling, also ways of legal protection and legal certainty for the land owner concerned. Transition of land rights is a legal action aimed at transferring rights from one party to another. When someone has transferred his rights (land rights), to someone else "legally" then that person has no more rights to the land that has been transferred since the transfer of rights. The purpose of this study was to find out the process of transferring land rights in the object of the dispute and to find out the judges' consideration in deciding on land rights cases. This type of research is normative ayuridis. The nature of this research is descriptive analytical.</h1><p class="JudulAbstrakInggris"> </p>

JURISDICTION OF THE INTELLECTUAL PROPERTY COURT

Abstract: the author considers the concept of jurisdiction, the classification and analyzes the criteria of jurisdiction on the example of the Court of Intellectual Property Rights. The author proposes the division of substantive jurisdiction into general and exclusive, the latter proposed to classify cases considered by the Supreme Court of the Russian Federation, the Court of Intellectual Property Rights, as well as some of the disputes that are subject to the Moscow City Court. The article proposes a clarification of the term jurisdiction: jurisdiction is a property of a remedy of a right, in particular, a claim. According to the author, the criteria of jurisdiction are the elements of the claim (method of defense, object of dispute, legal facts, parties): the role of the subject of the claim and the parties to the dispute in regulating the jurisdiction of the Intellectual Property Court are described. When building the criteria of jurisdiction, it is extremely important to check their compliance with the functions of the institution, which are also described in the article.

Variation in the structure of the ichthyoplankton community in the lower Paraíba do Sul River

ABSTRACT The Paraíba do Sul River is affected by extensive water collection for supply, organic and industrial pollution, and dams. Nonetheless, the ichthyofauna maintains biodiversity and sustains artisanal fisheries. This study analyzes the composition, abundance and distribution of fish larvae, an important approach to determine the reproductive period and spawning sites. The sampling occurred from August 2011 through February 2013 in five sites at a transect between the banks on the lower reach of the Paraíba do Sul River. A total of 5,412 larvae belonging to 20 taxa was captured. The predominant order was Characiformes. Larvae of Prochilodus spp. and Leporinus spp. were the most abundant; larvae of Brycon insignis, an endangered species, were present. Fewer larvae were collected in the second reproductive cycle during a severe drought. The absence of eggs indicates that the study area is not used for spawning, and highlights the need for studies in the main channel and in the tributaries of the Paraíba do Sul River. Fish larvae need to have access to the marginal lagoons along the lower stretch of the river, an area which is the object of disputes between fishermen and farmers.

BRIDGES AND FERRIES AS OBJECTS OF DISPUTE AND CRIME LOCATIONS AMONG EIGHTEENTH CENTURY NOBLES OF VILNIUS DISTRICT

Bridges and ferries, as objects of dispute and crime locations among the eighteenth century nobles of Vilnius district, is the main topic of research in this article. Case materials and auxiliary documents from the records of Vilnius district castle and land courts reveal how often bridges are mentioned in the court processes in both violent and non-violent crimes. Research explores what types of violent crimes took place on bridges or ferries most often. It also works on questions of geographic localisation and statistics, discussing general situation of bridges in Vilnius and its neighbouring areas in the eighteenth century. Bridges are regularly mentioned in the books of the eighteenth century Vilnius castle and land courts, albeit most references are not related to conflicts and bridges are mentioned as orientation marks or in reference to location of a real estate object. Both non-violent legal disputes, involving bridges as objects, and violent crimes on the bridges were not in multitude, however non-violent crimes were in smaller numbers. There were seven dispute cases about lands, properties and plots of land where bridges and ferries are mentioned. Non-violent conflicts mostly took place in rural areas of the district, four of them, and three such disputes happened in Vilnius (one on the Green Bridge and two on the bridges over the River Vilnia). Most commonly recorded violent crime on a bridge was beating and, since this was the most common type of crime perpetrated by nobles in the eighteenth century Vilnius district, this trend is logical. A bridge is once mentioned in the record about a raid. In terms of location, more crimes on the bridges took place in the rural space, although this particular space wasn’t dominant, since six crimes were reported in the province and five in the city – two in Vilnius on the Green (Stone) Bridge, two on the bridges over the River Vilnia and one on a ferry near Šnipiškės. Trends in crime locations match general crime tendencies in Vilnius district, where more crimes took place in the rural space than in the urban one. One may guess, that the rare mention of bridges partially testifies to the fact that in the eighteenth century Vilnius district level of communication was not high and there were not too many bridges. On the other hand, when assessing trends in violent crimes in Vilnius district it was revealed that bridge based crimes comprised only one percent of all crimes. Having in mind that bridge is a relatively small object, compared to several different or other urban and rural spaces, this number isn’t that small. Keywords: Vilnius district, castle court, land court, crimes, nobles, peasants, bridges, ferries, passings.

Conceptualization and Measurement of Individual Situation Awareness (SA) in Expert Populations across Operational Domains: a systematic review of the literature with a practical purpose on our minds

From the time when the first formal SA theories were introduced (Endsley 1995; Smith & Hancock, 1995), an underlying ontological debate concerning the nature of human perception and cognition became evident. Indeed, despite more than two decades have passed since their publication, SA epistemological status and methodology are still object of dispute. For that reason, and bearing in mind the ultimate practice-oriented goal of developing/adapting SA measurement methods for elite soccer, a systematic review of the literature was performed regarding the definition and the methods used for SA measurement in expert populations. Fifty-four studies (N=54) met the established inclusion criteria and revealed important differences concerning SA definition and assessment across different operational domains. The results are discussed regarding both the state of the art of SA literature and the adaption/development of SA assessment methods for elite soccer.

「행정심판법」 상 취소심판의 쟁송물

There is no study about object of dispute in Administrative appeal. But ADMINISTRATIVE APPEALS ACT includes the articles that premise object of dispute. So It is needed to establish object of dispute to apply the Nemo iudex sine actore, modification of appeal.BR About the object of dispute in appeals for revocation two opinions are thinkable. One is the opinion that illegalities or unjustness of disposition is the object of dispute appeals for revocation. The other is the opinion that appellant’s legal claims to want revocation or modification an illegal or unjust disposition is object of dispute.BR If object of dispute is illegalities or unjustness of disposition, it is possible following criticism.BR First, The opinion does not correspond the predominant view that appeals for revocation is appeal of formation.BR Second, different gist of claims are treated as same object of dispute.BR Third, too much Discretionary is allowed to administrative appeals commissions. BR Fourth, it does not correspond circumstantial rulings in article 44 of ADMINISTRATIVE APPEALS ACT.BR So it is resonable that the object of dispute in appeals for revocation is appellant’s legal claims to want revocation or modification an illegal or unjust disposition.