Panel Of Judges Research Articles

Perpetrator Abuse Narcotics Ongan Goal 1 Based on Perspective Sociology Law

Narcotics is drug or material Which beneficial in field treatment, health services and scientific development, but on the other hand it can give rise to dependence Which very harm if used without there is control, strict and thorough supervision... As in the previous case researchers found in South Labuhabatu district, North Sumatra province, namely decision number: 792 K/PID.SUS/2017. In this case a defendant who named Misniar Wati Harahap alias Wati is a narcotics criminalWhere should judge consider verdict Which given to defendant.And should judge aggravate punishment Which given to convict. Type study in This legal research is normative or doctrinal legal research. In Judgment Number 792 K/PID.SUS/2017, the author agrees with the Decision of the Panel of Judges which judge that defendant violate Chapter 111 paragraph (1), 114 paragraph (1), 127 Paragraph (1) letter a Law. R.I. No. 35 of 2009 concerning Narcotics, because the elements of This article was proven as a fact before the Court, so It is correct that the Amar/Contents of the Judges' Decision stated that MISNIAR WATI HARAHAP alias WATI has been legally and convincingly proven guilty of committing criminal offense "Narcotics Abuse Category I" for myself and the author concluded that the legal considerations of the panel of judges in handing down the decision This is not in accordance with the applicable provisions based on all the facts as well as the evidence revealed within trial.

Unmasking large language models by means of OpenAI GPT-4 and Google AI: A deep instruction-based analysis

Large Language Models (LLMs) have become a hot topic in AI due to their ability to mimic human conversation. This study compares the open artificial intelligence generative pretrained transformer-4 (GPT-4) model, based on the (GPT), and Google's artificial intelligence (AI), which is based on the Bidirectional Encoder Representations from Transformers (BERT) framework in terms of the defined capabilities and the built-in architecture. Both LLMs are prominent in AI applications. First, eight different capabilities were identified to evaluate these models, i.e. translation accuracy, text generation, factuality, creativity, intellect, deception avoidance, sentiment classification, and sarcasm detection. Next, each capability was assessed using instructions. Additionally, a categorized LLM evaluation system has been developed by means of using ten research questions per category based on this paper's main contributions from a prompt engineering perspective. It should be highlighted that GPT-4 and Google AI successfully answered 85 % and 68,7 % of the study prompts, respectively. It has been noted that GPT-4 better understands prompts than Google AI, even with verbal flaws, and tolerates grammatical errors. Moreover, the GPT-4 based approach was more precise, accurate, and succinct than Google AI, which was sometimes verbose and less realistic. While GPT-4 beats Google AI in terms of translation accuracy, text generation, factuality, intellectuality, creativity, and deception avoidance, Google AI outperforms the former when considering sarcasm detection. Both sentiment classification models did work properly. More importantly, a human panel of judges was used to assess and evaluate the model comparisons. Statistical analysis of the judges' ratings revealed more robust results based on examining the specific uses, limitations, and expectations of both GPT-4 and Google AI-based approaches. Finally, the two approaches' transformers, parameter sizes, and attention mechanisms have been examined.

The Judge's Paradigm In Deciding Criminal Cases Of Sexual Violence From A Victimological Perspective

Criminal acts of sexual violence are widespread in society, and the aim of the research is to study and analyze a decision. The research methods used by researchers are normative juridical with case, statutory, and philosophical approaches. The primary legal material is the Sexual Violence Crime Law and Decision Number 72/Pid.Sus/2023/PN.Bau. while secondary materials: books, journals, etc., the interpretation used is grammatical and systematic interpretation. The results of the research show that the paradigm used by the Panel of Judges does not have a victimology perspective, as evidenced by the statement expressed by the victim witness who explained that the defendant was not the perpetrator of a crime of sexual violence, while the actual perpetrator had been appointed by the victim witness based on the photo submitted by the Counselor. The law and the perpetrator are still at large, while the defendant was legally and convincingly found guilty of committing the crime of sexual immorality. Therefore, the Panel of Judges ignored the facts of the trial. Apart from that, the panel of judges did not interpret the victim's witness statement as a standalone piece of evidence as regulated in the Sexual Violence Crime Law. So the author's suggestion is that it is important for the judge to have the victim's perspective, in this case, what the victim said is information that must be acknowledged at trial and It is necessary to evaluate the panel that examined and decided the case.

Juridical Review of Delik Culpa on Traffic Accident Cases

This study aims to determine the application of material criminal law to the crime of traffic negligence that results in the loss of life of another person in decision Number 142/Pid.Sus/2020./PN Jap and to find out the legal considerations by the panel of judges in imposing a penalty in the form of a penalty for the crime of traffic negligence that causes casualties Number 142/Pid.Sus/2020./PN Jap. This research was carried out by collecting data through literature research. In the study, it was found that, in decision number 142/Pid.Sus/2020./PN Jap, the indictment prepared by the Public Prosecutor had met the formal and material requirements. In his demand, the Public Prosecutor demanded that the defendant be guilty of committing the crime of traffic negligence Article 310 paragraphs (4), (3), and (2) No. 22 of 2009 concerning Road Traffic and Transportation by the first indictment, based on the legal facts, both witness statements and the defendant's statements as well as the elements contained in the indictment are considered to have been proven by the Public Prosecutor so that the acts and the elements of the article match each other. The Judge's consideration in Applying criminal provisions against the perpetrators, in this case, is appropriate where the judge has considered both juridical considerations, trial facts, witness statements, existing evidence, judge's beliefs, and support matters. Based on the facts at the trial, the Panel of Judges considered that the defendant could be held responsible for the acts committed with the consideration that the defendant had been legally proven which resulted in the death of another person so the defendant was sentenced to a commensurate sentence.

Relevansi Batas Usia Perkawinan di Indonesia: Perspektif Madzhab Syafi’i dan Kompilasi Hukum Islam

This research is motivated by the existence of age limits for marriage in Indonesia. The aim is for the common good in building a household built through a marriage bond, although in reality, early marriage can still be carried out by submitting a marriage dispensation through the courts for specific reasons. The focus of this research is: (1) How is the argument of the Syafi'i school of thought about the age limit for marriage; (2) How is the age limit for marriage in the Compilation of Islamic Law (KHI); and (3) The relevance of the age limit for marriage in Indonesia from the perspective of the Syafi'i School of Thought and the Compilation of Islamic Law. The type of research used in this research is library research, namely by using data from books or books that are in accordance with the title of the research as a source of study, along with reviewing and reading writings and books that are related to the object of discussion. The approach used by researchers in this writing is normative, in the sense of trying to examine the law that has been conceptualized as rules and norms that have been applied in society and become a legal reference for everyone. The results of this study, in the view of the Syafi'i School, the age limit for marriage is seen from maturity, namely when he has reached puberty. Among the signs for someone who has reached puberty is the release of semen for men, usually at the age of 12 years, and menstruation for women, usually at the age of 9 years, because for someone who has reached the nature of puberty and aqil, it means that they have become ahliyah al-ada' who can be burdened with the responsibilities of sharia such as muamalah and other transactions. On the other hand, the Compilation of Islamic Law has provided an age limit for marriage, namely 19 years for men and 16 years for women, because Indonesian scholars see several factors that limit the age of marriage, such as avoiding early marriage, which has a terrible impact on married couples. Regarding its relevance in its implementation in Indonesia, the age limit for marriage in the Compilation of Islamic Law has been determined. However, if you still want to marry under the age that has been determined, you must go through a trial process to request a marriage dispensation from the panel of judges. The opinion of the Syafi'i School can be a choice that can be considered by the panel of judges to approve a marriage dispensation, namely the adequacy of the age of puberty as one indicator of maturity.

The Application of Rehabilitation Sentences for Narcotics Addicts (Case Study of North Jakarta District Court Decision Number 115/Pid.Sus/2023/PN Jkt. Utr)

The crime of narcotics offenses is considered an extraordinary crime. Law Number 35 of 2009 concerning Narcotics, Article 1 point 13, states that a Narcotics Addict is a person who uses or abuses Narcotics and is in a state of dependency on Narcotics, both physically and psychologically. Narcotic rehabilitation is one of the efforts to save addicts from the shackles of narcotics and the dangers that accompany them. There are three stages of narcotic rehabilitation in Indonesia: medical rehabilitation, non-medical rehabilitation, and advanced rehabilitation. The problem formulation in this study is how the rehabilitation punishment for narcotics addicts is applied and how the analysis of the considerations of the Panel of Judges of the North Jakarta District Court in imposing rehabilitation sanctions in decision number 1151/Pid.Sus/2023/PN Jkt.Utr. The type of research in this legal research proposal is normative legal research, focusing on the applicable legal norms, namely positive legal norms in the form of legislation. The results of the study show that the provisions for rehabilitation for narcotics addicts are stipulated in Articles 54 and 127 of Law Number 35 of 2009 concerning Narcotics. Meanwhile, the classification of user groups is regulated in the Circular of the Supreme Court No. 4 of 2010 concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts in Medical and Social Rehabilitation Institutions. The judge's basis for sentencing the Defendant to undergo treatment and/or care at a medical/social rehabilitation institution refers to the provisions of Article 103 jo Article 127 paragraph 2 jo Article 54 of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics jo Circular of the Supreme Court of the Republic of Indonesia No. 4 of 2010 dated April 7, 2010, concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts into Medical and Social Rehabilitation Institutions, as well as other legal facts revealed in the trial.

Analisis Prosedur Pelaksanaan Itsbat Nikah Terhadap Perkawinan Sirri Berdasarkan Putusan Nomor : 473/PDT.P/2022/PA.LLG di Pengadilan Agama Lubuklinggau Kelas 1 B

The procedure for implementing itsbat nikah provides legal protection because they obtain legal certainty from their marriage bond, so that all their rights can be recognized and protected. The purpose of this study is to find out and analyze the procedures for carrying out itsbat nikah, judges' considerations in deciding itsbat nikah cases and the factors that cause the applicant to apply for itsbat nikah based on decision number: 473/pdt.p/2022/PA.LLG. This type of research in legal research includes normative-empirical research. The approach used in this study is a legal approach in the form of legal norms, namely Law of the Republic of Indonesia Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law. The data collection techniques used are primary data and secondary data. The results of the study show that the procedure for implementing itsbat nikah is in accordance with the Book II Guidelines for the Implementation of Duties and Work Procedures of the Religious Courts. Consideration of the panel of judges in granting the itsbat of marriage to a siri marriage if it is in accordance with the pillars and conditions of Islamic marriage as well as the legal basis considerations, examines the case, its benefits, and puts forward syar'i arguments in its deliberations. The factor that became the reason for the applicant submitting hisbat marriage based on the decision number: 473/pdt.p/2022/PA.LLG was to complete the Umrah registration requirement investigators focus on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning marriage.

Tanggung Gugat Sengketa Hak Pertanahan Terhadap Pembeli yang Beritikad Baik

The purpose of this study is to determine the legal basis or legal considerations of the panel of judges in deciding Civil Case Number 29/Pdt.G/2023/PN.Mjk. To find out these problems, the author uses Normative Research methods, legislative approaches, scientific journals, court decisions, with Library data collection techniques, and descriptive and qualitative analysis.The result of the author's analysis is that he disagrees with the judge's consideration in deciding the case, with considerations including the existence of procedures or conditions for the legal acquisition of sale and purchase of land based on Legislation, as well as the existence of a Supreme Court Circular Letter governing Good Faith Buyers, and the absence of strict regulations governing legal protection for good faith buyers, causing multiple interpretations of existing rules and resulting in different court decisions even in the same type of case.

DISSENTING OPINION: A DIFFICULT PATH TO FINDING THE TRUTH (BASED ON THE EXAMPLE OF UKRAINIAN JUDGES' INTERPRETATION OF CRIMINAL PROCEDURAL LAW)

The article is devoted to the issue of the dissenting opinion of a judge, which is relevant to modern law enforcement practice and legal theory and which may be expressed when a judge who participated in a collegial consideration of a case does not agree with the position of the majority of the panel of judges. The authors analyse the existing approaches to the institution of dissenting opinions in different legal systems, the factors that negatively affect the existence of dissenting opinions in the justice system, provide examples of dissenting opinions of Ukrainian judges expressed in different jurisdictions, their significance for law enforcement practice and the public outcry they caused. It addresses the procedural issues that may potentially arise during the judicial proceedings and the formation of a dissenting opinion of a judge. The authors conclude that the institution of dissenting opinion is of undoubted value for justice and the authority of the court in the State and emphasise that the specifics of the text of a judge's dissenting opinion against the background of lapidary normative regulation by the rules of procedural law may indicate the genre independence of the content of a dissenting opinion in judicial discourse as compared to a court decision. The authors propose the concept of dissenting opinion, by which they mean an official legal position of a judge which is formed during collegial consideration of a case as a result of an internal conviction which does not coincide (partially does not coincide) with the position of the majority of judges in terms of reasoning or final conclusion, and which is formalised in a procedural document which is an act of competent (professional) and doctrinal judicial casual interpretation. In addition, the authors present synthesised features which characterise a judge's legal opinion as a dissenting opinion, including the statement that it is undoubtedly a phenomenon of a democratic society; it has the features of an institution of law, albeit with lapidary normative regulation; it is issued by a judge within his/her competence as a result of judicial discretion and inner conviction; has a prognostic and forward-looking character, since it sometimes serves as a means of overcoming outdated views that impede progressive legal development, evolution of sustainable approaches, and as a basis for the formation of a new legal position, which in the future may be transformed into a majority position and become a sustainable practice; besides, it is derivative, optional, as it is not binding, unlike a court decision, and is not an act of justice, as it is not issued in the name of the state and is not a mandatory part of a court decision.

The efficacy of imagery-based instruction for expressive performance: a study of university musicians’ practice

ABSTRACT In this study, we investigated how musicians use descriptive imagery to perform expressively. The study’s procedure was carried out by university musicians alone in a naturalistic practice environment. They recorded their performance of two melodies both before and after receiving imagery-based instruction designed to make performance of the melodies very expressive. Participants read and considered a teacher’s expressive instructions for each melody, practiced in light of it, and recorded a final expressive performance, transcribing their thoughts while practicing. Results showed that ratings of expressiveness increased significantly from pretest to posttest, indicating that the imagery-based instruction was effective at improving participants’ expressive performance quality. Also, some musicians used a cognitive translation process, by which they explicitly generated plans for the musical sound properties in their performance, but others exclusively reflected on and personalised the provided imagery in their thoughts. Further analysis revealed that scoring high in the use of the cognitive translation process corresponded with greater improvement in expressive performance. We were also able to identify ‘cases of mistaken expressivity’, i.e. instances when participants believed their performance had effectively improved, but a change in expressive sound properties was not perceived by the listeners who made up our panel of judges.

Tinjauan Hukum Islam Terhadap Putusan Cerai Gugat Beralasan Suami Terpidana Penjara

This in-conreto legal research delves deeper into the legal basis determined by the Panel of Judges in deciding on a divorce lawsuit because the husband is a convict. The research takes a case that has been determined in one of the Religious Courts in the Special Region of Yogyakarta number 0909/ Pdt.G/2011/PA.BTL (0909). The results are then discussed in more depth according to Islamic law. Through the exploration of the rules of fiqh and the proposals of fiqh as well as interviews with several judges, it can be interpreted that the judge's decision has referred to the interests needed in the family by avoiding the risks that may arise due to the father/husband being sentenced to prison for several years. In the review of Islamic law, the judge has fulfilled the rules of fiqh and followed the fatwa of the agreed-upon fiqh school of thought.

The Crime of Corruption in Social Assistance Funds (Bansos) Amid the Pandemic Era in Indonesia (Case Study of the Central Jakarta District Court Decision No. 29/Pid.Sus-TPK/2021/PN.JKT.PST)

This legal research is motivated by the existence of criminal acts of corruption in the midst of the pandemic. The first problem in this research is whether the decision is appropriate to ensnare the defendants of social assistance corruption. And secondly, how can the perpetrators get relief from the elements of accepting bullying from the community. This research uses normative juridical methods and types of library research, namely by examining various types of materials originating from several statutory regulations and books. The results obtained from this research are first, the form of applying the law to perpetrators in accordance with Article 12 letter b of Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended in Law Number 20 of 2001 on Corruption Crimes in conjunction with Article 55 paragraph (1 ) 1st of the Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code. Juliari is said to have been proven to have committed corruption in the procurement of social assistance packages for handling Covid-19 in the Jabodetabek area in 2020 worth IDR 32.48 billion. So the defendant should receive a heavier sentence than the statutory regulations. Second, apart from that, the panel of judges' decision in imposing criminal sanctions must consider mitigating and aggravating factors for the defendant. The legal considerations handed down by the judge against the defendant in this case were in line with criminal law. In connection with all the elements being fulfilled legally and convincingly according to the law, it can be concluded that the elements of criminal acts of corruption regarding social assistance are fulfilled

Ratio Decidendi Penjatuhan Putusan Bebas (VRIJSPRAAK) Dalam Pemalsuan Akta Otentik Oleh Notaris: Studi Putusan Nomor: 1216/Pid.B/2019/PN Jkt.Tim

Corruption is an extraordinary crime that causes state losses. Corruption is not only committed by individuals, but also by corporations. Problems that often arise in criminal acts of corruption committed by corporations are related to procedural law, especially related to proving corporate wrongdoing. In this regard, the author is interested in analyzing the evidence related to corruption committed by corporations in Decision No. 81/Pid.Sus/Tipikor/2018/PN.Jkt.Pst. This study discusses the problem of proving corruption committed by corporations and the judge's legal considerations in imposing a sentence on the Defendant. This study uses a normative juridical approach withresearch specifications prescriptive. This study also uses secondary data obtained through literature and documentaries and described systematically. The results of the study indicate that the criminal acts of corruption committed by corporations in Decision Number: 81/Pid.Sus/Tipikor/2018/PN.Jkt. evidenced by the suitability of evidence in the form of witness statements, expert statements, letters and statements from the defendant which proves that the defendant has fulfilled all the elements in the First Indictment, so that it has met the minimum limit of evidence, namely at least two valid pieces of evidence, the judge's conviction is obtained. that the defendant PT NKE was guilty of a criminal act of corruption. The basis for the judge's legal considerations is by taking into account the elements of the Articles of the First Indictment that have been fulfilled, namely by fulfilling the minimum limit of evidence and obtaining the judge's conviction, for which the Panel of Judges imposes a criminal sentence in the form of a principal penalty in the form of a fine and additional punishment in the form of payment of replacement money and the revocation of the defendant's rights to participate in the auction of government goods/services procurement.

Looking for Legal Justice: Criticizing the Verdict of Nomor 37/Pid.Sus/2020/PN.Ttn Tapak Tuan District Court on Domestic Violence

This study was conducted to examine a judge's decision in a criminal case of domestic violence against a child, with the goal of analyzing how the judge's decision was consistent with Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Qanun Number 9 of 2019 concerning the Implementation of Handling Violence Against Women and Children, while also taking into account moral aspects and benefits. This research is a doctrinal study that uses a case study approach to criticize judicial rulings. The objective of this approach is to examine court rulings, namely the Tapak Tuan District Court Judge's Decision Number 37/Pid.Sus/2020/PN. Ttn, in order to comprehend how the law is applied in actual circumstances. The data sources were obtained from court decisions, the Marriage Act, and several important regulations related to the problems of this study. To strengthen the analysis, this study also used several research results and several articles obtained from various journals, so that the analysis carried out was sharp and precise.This research argues that in Decision Number 37/Pid.Sus/2020/PN.Ttn, the judge's considerations are only formal, following what is in the law alone. In this decision, the judge seems to ignore the material aspect, as can be seen in the judge's considerations in the decision. This is in line with the opinion of Member Judge II and the concurring opinion of the panel of judges in the decision. However, decision Number 37/Pid.Sus/2020/PN.Ttn needs to be appreciated, realizing that the judge's task is very difficult because he not only considers legal interests in deciding the case at hand but also considers the sense of justice for the community to realize legal certainty.

Legal Certainty of Payment of Receivers' Fees in the Event That Bankruptcy is canceled by the Court

This research examines the implementation of payment of curatorial services in the event of annulment by the Court of the Supreme Court Decision. This study also describes the legal certainty of payment of curatorial fees from the side of the curator, debtor and creditor. Normative research is research that refers to legal norms contained in legislation and court decisions. The author uses the 1945 Constitution, Law of the Republic of Indonesia Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 18 of 2021 concerning Guidelines for Fees for Curator and Management Services. The results of this study are that the payment of curatorial services in the event that it is canceled by the Court on the Supreme Court Decision has been regulated in the Applicable Laws that regarding curatorial fees has been regulated in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations and in Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 18 of 2021 concerning Guidelines for Service Fees for Curators and Suspension of Debt Payment Obligations as a technical regulation governing curatorial fees. In practice, it is the Panel of Judges that determines the amount of the curator's fee after the application for the determination of the curator's fee is submitted by the Curator to the Court.

ANALISIS YURIDIS PERGANTIAN NAZHIR OLEH WAKIF PADA PUTUSAN PENGADILAN AGAMA NOMOR 0168/Pdt.6/2018/PA.Pyk

This paper examines the juridical analysis of the change of nazhir conducted by the wakif in the decision of the Payakumbuh Religious Court Number 0168/Pdt.6/2018/PA. Pyk between the Suliki Kewedanan Organization as the plaintiff and the Amanah Islamic Education Foundation as the defendant. The author wants to analyze juridically the change of nazhir carried out by the wakif contained in the court decision, whether it is in accordance with positive law and Islamic law or not. This research is included in the scope of legal research with the primary data source being the Religious Court Decision Number 0168/Pdt.6/2018/PA. Pyk and the results of interviews with the panel of judges who decided the case. The results showed that the case of the waqf dispute was related to the change of nazhir carried out by the wakif and the heirs of the wakif because the previous nazhir did not carry out its functions and duties to manage waqf. The judge's consideration that decided this case included that the Organization was proven not to carry out its duties as a nazhir, the mechanism for changing nazhirs was in accordance with applicable regulations, and nazhir was an organization that was not clear about its AD / ART so it was considered an illegal organization. In terms of Positive Law, the judge's decision cannot be fully justified because some are in line with Law No. 41 of 2004 and BWI regulations and some are not. The decision that is in line with positive law is to reject the plaintiff's claim that the waqf land and its assets are handed back under the management of PWKS because the organization did not carry out the conditions conveyed by the wakif when the waqf pledge occurred. While the inappropriate verdict is the process of changing nazhir which must go through BWI. In terms of Islamic Law, this ruling is appropriate, because a nazhir who cannot perform his duties may be dismissed by the wakif who chooses him, because the wakif has the authority to choose and replace the nazhir he appointed.

Grand Sulthan As The Basis For The Transfer Of Land Rights In Tebing Tinggi City

The transfer of land rights is a legal event/action that results in the transfer of rights from one legal subject to another legal subject, thereby causing the loss of authority over the land. Land transfer refers to the process or action that changes land ownership from one party to another. This can occur through a variety of means, including sale, inheritance, gift, or voluntary or forced surrender. For example, if someone sells a house to someone else, that is a transfer of land. This research includes normative legal research, so the legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials that will be used as a source in this research is library research, namely collecting legal materials by reading statutory regulations, official documents, journals, articles from the internet, and other literature that is closely related to The issues discussed are based on secondary legal materials. Transfer of land rights is a right to transfer land rights from an individual to a legal entity. Legal transitions usually occur due to legal acts and legal events. The implementation of the transfer of land rights can occur due to transfer or transfer. Switching, for example due to inheritance of Decision Number. 13/Pdt.G/2020/Pn Tbt The Panel of Judges rejected the Defendants' exception in its entirety in the main case, rejecting the plaintiff's claim in its entirety. Decision Number 422/Pdt/2020/PT Mdn that accepts the bandi application from the Comparator's Attorney for the original Plaintiff based on the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/Pn Tbt, dated 20 July 2020 which is appealed in the exception and rejects the exception Appellee 1 and Appellee II, in the main case, canceled the decision of the Tebing Tinggi District Court which was appealed. At the cassation level, Decision Number 1928 K/Pdt/2021, namely granting the cassation petition from the cassation applicants consisting of the Chair of the Community Empowerment Institution, formerly the Community Social Institution, represented by Iskandar and Lalang Village, Rambutan District, Tebing Tinggi City, represented by Lura Adi Supeno, thereby canceling the Medan High Court Decision Number 422/PDT/2020/PT Medan and dated 21 October 2020 which annulled the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/PN TBT dated 20 July 2020.

Penggunaan Alat Bukti Elektronik dalam Menyelesaikan Sengketa Hukum Perdata di Indonesia

Proving civil cases involving electronic documents and information electronic evidence which is now legalized has become electronic evidence that can be trusted (legitimate) and has been regulated in Article 1866 of the Civil Code in conjunction with Article 184 HIR in conjunction with Article 5 paragraph (1) and paragraph (2) Law Number 11 of 2008 concerning ITE. Panel of Judges in assess whether electronic information is Electronic Evidence valid based on a digital forensic assessment. Even though it is related to assessment procedures electronic evidence using digital forensics is regulated in the ITE Law and Law others, but in civil trial practice the method is not necessarily used digital forensics because there are technical obstacles. Additionally, Law Civil Procedure in Indonesia has not improved specifically regarding electronic evidence in civil evidence. So there is no procedure that regulates how how to present electronic evidence in civil trials. Without it yet This regulation actually results in legal uncertainty regarding the procedures These electronic devices are shown in civil trials. Given that there are obstacles in judicial practice, the State must immediately carry out reforms Civil Procedure Law in Indonesia regarding electronic evidence, can do this renewal of the evidence system to accommodate developments in evidence electronic documents submitted by the parties during the trial.

Pelaksanaan Hak Ex Officio Hakim Atas Nafkah Iddah, Mut’ah, Hadlonah dan Madhiyah dalam Perkara Cerai Gugat Ditinjau dari Perma Nomor 3 Tahun 2017

The ex officio right is the right possessed by the judge to decide more or other than what is submitted in the lawsuit, with the ex officio right, the judge can concretely impose decisions that prevent women from becoming victims of post-divorce economic violence while still being guided by the limitations set out in the applicable laws and regulations. economic rights of women after divorce such as iddah maintenance, mut'ah maintenance, hadlonah maintenance and madhiyah maintenance. This research uses empirical research with a legal sociology approach. The data sources obtained are secondary data sources and primary data sources. While the acquisition of data obtained from the contents of the decision, the results of interviews with Religious Court Judges who decided the case, as well as other supporting literature. And the research stage is carried out by conducting interviews with sources, compiling data from the results of interviews, and making research reports. The results of this discussion can be concluded as follows: The application of the ex officio rights of the panel of judges in case number 2675/Pdt.G/2023/PA.Kab.Kdr is in accordance with PERMA No. 3 of 2017. Although the Plaintiff has filed for the fulfillment of the rights of iddah, mut'ah, hadlanah, and madhiyah maintenance, but in the trial there were differences in the facts submitted by the Plaintiff and the Defendant so that in order to resolve the debate, the panel of judges used their ex officio rights to provide legal certainty and justice for the Parties

Penetapan Technical Assistance Service Fee dan Management Fee sebagai Proceeds dalam Audit Kepabeanan

The determination of costs such as the Technical Assistance Service Fee and Management Fee as proceeds is not approved by the auditee in the audit process. The auditee believes that these costs are payments for services provided by overseas entities and are not related to proceeds. After the determination was made by the customs audit team, PT ABC and PT XYZ submitted an appeal to the Tax Court and the panel of judges issued a different decision regarding the determination. The regulations regarding proceeds themselves are still limited, only regulating definitions and not yet regulating the criteria and limitations in detail. The research questions that will be raised in this study are why the TAS Fee and Management Fee payments are designated as proceeds and why there are differences in decisions from the Tax Court Panel of Judges. This research was conducted using a case study strategy with a qualitative approach. The data used is secondary data in the form of Tax Court decisions and primary data in the form of interviews. The data analysis methods used are content analysis, thematic analysis, and constant comparative analyses The results of the research show that there is a similar pattern and consistency in determining costs as proceeds by the audit team for two different auditees. However, at the Tax Court level, there are differences in the decision of the Panel of Judges, namely that the Panel determines the team's analysis that a fee can be designated as proceeds if it meets the definition in the regulations, and another decision determines that a service fee cannot be determined other than what is agreed in the agreement.