Principle Of Ne Bis Research Articles

Legal Standing of The Deed of Sale and Purchase Against Expired Building Rights Certificate (Case Study of Decision No. 571/Pdt.G/2021/PN.Bks jo. Decision No. 591/PDT/2022/PT.BDG)

This research aims to determine, assess, and analyze the legal status of the Land Sale and Purchase Deed (AJB) compared to the Expired Building Use Rights Certificate, to investigate and analyze the role of a notary in land registration implementation and reconstruction, and to identify and analyze the latest provisions regarding land ownership rights. This research utilizes a normative juridical approach with a descriptive analytical research method. The data used in this research are the disputed land cases located in Kampung Bojong Menteng, Rawalumbu District, Bekasi City, referring to the Expired Building Use Rights Certificate based on Decision No. 571/Pdt.G/2021/PN.Bks jo Decision No. 591/PDT/2022/PT.BDG. Based on the analysis, it is discovered that Decision No. 591/PDT/2022/PT.BDG, issued on November 10, 2022, has invalidated Decision No. 571/Pdt.G/2021/PN.Bks, issued on August 8, 2022, by the Bekasi District Court. Several differences were identified, including: (1) differences regarding the disputed object; (2) differences regarding the parties involved in the dispute; and (3) differences regarding the principle of nebis in idem. These differences prove the existence of unlawful acts committed by PT. Bangun Tjipta Pratama as the owner of the Expired Building Use Rights Certificate, with unclear ownership rights over the land owned by Rekson Sitorus, and the unlawful act conducted by the Bekasi National Land Agency, which issued SHGB No. 7 as the rightful owner of the land in question.

Review of the Judges' Consideration of Trademark Conflict Between PS Glow and MS Glow

This article is motivated by differences in the decision of the judge at the Medan Commercial Court and the decision of the Surabaya Commercial Court regarding the trademark dispute between MS Glow and PS Glow. MS Glow considers that the PS Glow brand is similar to MS Glow, which was first present in the skincare world. That is why MS Glow sued PS Glow at the Medan Commercial Court. As a result, the Medan Commercial Court granted MS Glow's lawsuit and cancelled the PS Glow brand in the name of Putra Siregar as a defendant. Then, unsatisfied with the decision, PS Glow submitted the same case to the Surabaya Commercial Court. The results of the Surabaya Commercial Court's decision stated that MS Glow was essentially the same as PS Glow. From the case above, there are 2 (two) different court decisions resulting from the same issue, namely the Medan Commercial Court, which stated that MS Glow won over PS Glow and the Surabaya Commercial Court, which stated the opposite. Even though the legal basis used is the same, namely Law number 20 of 2016 concerning Trademarks and Geographical Indications, the problem that will be analyzed in this research is how the judge considered the two cases and whether the two decisions were by the principle of bis in idem. This research uses normative legal research with a case approach and an approach to statutory regulations and court decisions. This research results in the two decisions using regulations regarding geographical indications and trademarks. The weakness of this law is that there needs to be an explanation of the similarity criteria. There are no definite parameters to assess whether a trademark is similar to other previously registered trademarks. Then, the Surabaya Commercial Court's decision does not fulfil 1 (one) requirement for a case to occur in civil law or is not by the principle of ne bis in idem.

Implication Extradisi, Mutual Legal Assistance (UNODC) Dikaitkan Teori Pidana, Perjanjian Internasional

Extradition agreements based on the international resolution A/RES/45/166 68th Plenary meeting on 14 December 1990 in conjunction with A/RES/52/88 70th Plenary meeting on December 12, 1997 for making extradition treaties and mutual legal assistance internationally.This propose the problem identification as follows: 1. What are the important articles suggested in the extradition treaty and mutual legal assistance related to criminal theory and international treaties. 2. How is the application and implementation of the extradition and mutual legal assistance based on the national and regional especially In Indonesia.This research conducted is analytical descriptive. Here is the research results, as follows: 1.) Important articles suggested in the extradition treaty are the principle of nebis in idem, the principle of multiple crimes and the diplomatic principle and the mutual legal assistance is the principle of agreement, the principle of reciprocity, the principle of equality of crimes, the principle of territoriality and the principle of surrendering the perpetrators of political crimes. 2) The implementation of extradition treaty model and the mutual legal assistance from the national and regional legal aspects. Based on the regional aspect, Indonesia is the most active country in realizing a cooperation within an agreement.

The Principle of Nebis In Idem in Settlement of Civil Cases in Indonesia

The principle of Nebis in Idem in its application in Indonesia is a fundamental principle because it is related to the requirements of a case claim which this principle can determine whether or not a case may be tried. The mutual lawsuit that was carried out between MS GLOW and PS GLOW is fascinating because there are allegations of filing the same case. The method used in this research is normative research with a case approach based on Medan and Surabaya court decisions. The results of this study are the application of the Nebis In Idem Principle in Indonesia, especially in the MS Glow and PS Glow; in this case, the Medan Commercial Court has yet to decide on the same case. Therefore, the principle of nebis in idem did not apply in this case when it was taken to the Surabaya Commercial Court because the elements in the demands of Article 1917 of the Civil Code were not fulfilled. The legal consequence of the Nebis in Idem principle's enactment is that cases included in these conditions cannot be reclaimed, and these conditions apply cumulatively.

The Principle of ne bis in idem in EU competition law: The beginning of a new era after the ECJ’s decisions in bpost and Nordzucker?

The Principle of ne bis in idem in EU competition law: The beginning of a new era after the ECJ’s decisions in bpost and Nordzucker?

The Digital Markets Act and the Principle of Ne Bis in Idem: A Revolution in the Enforcement of EU Competition Law?

The Digital Markets Act and the Principle of Ne Bis in Idem: A Revolution in the Enforcement of EU Competition Law?

Anayasa Mahkemesinin 213 sayılı Vergi Usul Kanunu’nun 367. maddesinin son fıkrasının İptali Yönündeki Kararının Vergi Uyuşmazlığından Doğan İdari Davalara Etkileri

Anayasa Mahkemesi 213 sayılı Kanun’un 367. maddesinin son fıkrasında yer alan ve ceza yargılaması süreci ile idari cezalandırma sürecinde alınan kararların birbirini bağlamayacağını öngören kuralı Anayasa’ya aykırı bularak iptal etmiştir. Bu iki sürecin maddi yönden ve zamansal açıdan yeterince yakın bir bağlantı içinde yürütülmesini öngören ne bis in idem ilkesi ise gerek Anayasa ve gerekse Avrupa İnsan Hakları Sözleşmesi’ne ek 7 No’lu Protokol’ün 4. maddesi kapsamında Türk hukukunda açısından yürürlüktedir. Bu çalışma, anılan iptal kararı ve ne bis in idem ilkesine ilişkin yürürlükte olan düzenlemeler ışığında ceza soruşturma ve kovuşturma sürecinin suç isnadının esasını ilgilendiren (özerk bir yorumla bir beraat ya mahkûmiyet tesis eden) bir kararla kesinleşmesinin idari yargıda derdest olan vergi uyuşmazlığından doğan davalara etkisini incelemeye yönelmektedir.

A Second Bite at the Cherry

Abstract The principle of ne bis in idem, or the rule against double jeopardy, guarantees that a person is not tried twice in respect of the same matter. In exceptional circumstances ne bis in idem permits revisiting a final conviction or acquittal to correct a flawed verdict. The Rome Statute of the International Criminal Court (ICC, the Court) permits revision of a final conviction delivered by the ICC while a final acquittal of the Court is accorded absolute finality. This article proposes amending the ICC Statute to introduce revision of so-called tainted acquittals, meaning acquittals that have been obtained through offences against administration of justice. Revision of tainted acquittals would allow the ICC to hold responsible perpetrators of crimes within its jurisdiction who might have otherwise benefited from unlawful interference with the proceedings before the Court. It may also discourage interference with the ICC’s administration of justice and strengthen the ne bis in idem guarantee in Article 20(1) of the ICC Statute.

The Effect of the Roman Law on Punishment

The laws of advanced democracies are often inspired by the Roman law. The Slovak Republic is no exception. In the area of punishment, it is even one of the most important institutes. The institute of necessary defence is based on the principle of vim vi repellere licet and creates conditions for the protection of life, health and property in cases where these are not capable of being ensured by the state authorities. The principle of ne bis in idem provides protection against repeated punishment of the offender for the same act and is one of the greatest guarantees of maintaining legal certainty.

The Effect of the Roman Law on Punishment

The laws of advanced democracies are often inspired by the Roman law. The Slovak Republic is no exception. In the area of punishment, it is even one of the most important institutes. The institute of necessary defence is based on the principle of vim vi repellere licet and creates conditions for the protection of life, health and property in cases where these are not capable of being ensured by the state authorities. The principle of ne bis in idem provides protection against repeated punishment of the offender for the same act and is one of the greatest guarantees of maintaining legal certainty.

ANALISIS PENYELESAIAN SENGKETA AQAD MURABAHAH DALAM PUTUSAN PENGADILAN NEGERI BUKITTINGGI NOMOR 08/PDT.BTH/2004/PN.BT DAN PUTUSAN PENGADILAN AGAMA BUKITTINGGI NOMOR 284/PDT.G/2006/PA.BKT

The problem in this research is how the aqad murabahah dispute resolution process and the juridical analysis of the verdict in the Judgment of the Bukittinggi District Court No.08 / PDT.BTH / 2004 / PN.BT. The second problem is How is the aqad murabahah dispute resolution process and judicial analysis Bukittinggi Religious Court No.284 / Pdt.G / 2006 / PA.Bkt. The research findings are the dispute over the al-murabaha sale and purchase agreement of Bank Bukopin Syariah Bukittinggi which was decided by the Bukittinggi Religious Court is a dispute that has permanent legal force or inkrak van gewijsde before Act No. 3 of 2006 is effective about seizing the execution of collateral, then it is not the principle of nebis in idem. The Bukitinggi Religious Court has the authority to examine and decide the case of al-murabaha sale and purchase agreement Bank Bukopin Syariah Bukittinggi. The Bukitinggi Religious Court bases its decision on: KUH Perdata, Fatwa of the Indonesian Ulema Council and the Al-Hadith. Settlement of dispute defaults best with Court decisions. The need for a law on sharia economics in addition to the Al-Quran and Al-Hadith as a guideline for sharia economic actors. Islamic banks must implement Islamic law in a fixed manner as part of worship.

The Principle of ne bis in idem in Relation to the Prosecutor's Decision and Some Court Decisions in Criminal Proceedings

Is it possible to re-try the same person for the same offense if the criminal proceedings have been suspended by order of the prosecutor for some meritorious reasons and if a plea agreement is concluded between the parties to the criminal proceedings. It is also an interesting issue can we apply principle ne bis in idem in relation to the decision of judge by which all point of the charges are accepted or obtained. An appeal is allowed against the aforementioned court decisions and the same decisions can be finally so it is understandable to apply principle ne bis in idem to a court decision and a plea agreement. Against the prosecutor's order to suspend the investigation is not possible appeal. The prosecutor's order is not subject to judicial review and it is not possible to apply the principle ne bis in idem even the criminal proceedings have been suspended for meritorious reasons.

Has the CJEU’s Slovak Telekom Ruling Declared the Principle of Ne Bis in Idem Virtually Redundant in Cases of Parallel Public Enforcement of EU Competition Law? (C-857/19 Slovak Telekom)

Has the CJEU’s Slovak Telekom Ruling Declared the Principle of Ne Bis in Idem Virtually Redundant in Cases of Parallel Public Enforcement of EU Competition Law? (C-857/19 Slovak Telekom)

Understanding the Nebis in Idem Principle on Customary Court in Papua According to the Law No. 21 of 2001

The aim of this research is to understanding how nebis in idem as it is referred on Article 51 of the Law of Special Autonomy for Papua Province and what is the obstacle faced by the law enforcer; police, prosecutor, and judge in implementing Article 51 of the Law of Special Autonomy for Papua Province. It is confirmed on the Article 50 Paragraph 2, beside the judicial power as stated on the paragraph (1), it is recognized a customary court in certain indigenous people. Customary court is not a new thing in Papua Province. Because apart of the acknowledgement of “customary law” and “indigenous people” it is stated on the Constitution 1945 Article 18B Paragraph (2) (second amendments) and Broad Outlines of State Policy 1999 (GBHN 1999) (development in the field of law in other terms namely unwritten law), factual-empirically this customary court institution is maintained in the realm of indigenous people in every Papua Province. The recognition of customary court is giving a new nuance in law enforcement in Indonesia and especially in Papua. The new nuance that is expected is that there is now conviction twice for the same case. In the event that a case has been resolved in a customary law, it is no longer continued or retried on a general court or district court. Thus, with the principle of nebis in idem can also be applied in a customary court.

Cooperation in Judicial, Legal, Security, and Socioeconomic Matters: The Legal Basis of the Principle of Ne Bis In Idem in the Italian Criminal System (note by Andrea Caligiuri)

Cooperation in Judicial, Legal, Security, and Socioeconomic Matters: The Legal Basis of the Principle of Ne Bis In Idem in the Italian Criminal System (note by Andrea Caligiuri)

Deed of Settlement as A Dispute Object based on HIR and Supreme Court Regulation No. 1/2016

Introduction to The Problem: It is uncommon for a case that has been decided by a judge and has the legal force to be retained and then brought back to Court by one party for a lawsuit. This kind of case contradicts the principles and applicable law, such as the case that the researcher found in Case No. 22/Pdt.G/2016/PN. Sal. Purpose/Objective Study: This paper intends to discuss the legal problem of the re-submission of the deed of settlement as the object of a breach. Design/Methodology/Approach: This research is doctrinal legal research. The data are secondary data which analyzed qualitatively. Following the approach method used, the study is conducted on norms and principles contained in secondary data, from the primary, secondary, and tertiary legal materials Findings: The results of the study show that, first, deed of settlement cannot be an object of default because it has been inkracht . Secondly, Salatiga court judges did not consider the principle of ne bis in idem under Article 10 (1) The Judicial Power Act. The president of judges shall be able to carry out the role or power under Article 119 of the HIR, which is to provide advice to those who wish to file a lawsuit. Paper Type: Research Article.

Autonomni koncepti i status quo metod - u potrazi za doslednom zaštitom ljudskih prava pred evropskim nadnacionalnim sudovima

The accession of the European Union to the European Convention on Human Rights is currently being renegotiated, but this remains a rocky and time-consuming process. Mostly relying on doctrinal method, the authors examine various methods advocated in legal theory as a means to ensure a coherent protection of human rights in Europe in the absence of an institutional agreement. The authors focus their attention on the further development of autonomous concepts in the case law of two the European supranational courts as a prerequisite for successful application of the status quo method. The principle of ne bis in idem is selected as a case in point. Finally, authors formulate proposals for approaches regarding autonomous concepts to be utilized by the Court of Justice and the European Court of Human Rights.

The principle of ne bis in idem in the system of constitutionally significant valuesof the Russian legal order

The principle of ne bis in idem in the system of constitutionally significant valuesof the Russian legal order

The European ne bis in idem at the Crossroads of Administrative and Criminal Law

This article discusses the recent developments in the case laws of the European Courts on the principle of ne bis in idem at the interface between criminal and administrative law, in particular with regard to the legitimacy of double-track enforcement systems. It is argued that both, the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU), have aligned not only in lowering their previously more protective standards, but also in laying down new rules that, though partially converging, remain highly unclear. Through an analysis of the case law following the ECtHR’s judgment in A and B v Norway and the three CJEU 2018 decisions in Menci, Garlsson and Di Puma and Zecca, it is demonstrated that the uncertainty generated as to the precise conditions under which dual criminal and administrative proceedings are permissible leads to unforeseeable outcomes. The potential consequences, most importantly, also tend to put pressure on other aspects of this fundamental guarantee, as well as on the standard of protection of other fundamental rights that to date are considered as given. Against this background, we will discuss at last whether the slight differences in the approach adopted by the CJEU to that of the ECtHR could reveal a silent effort on its part to take a more right-friendly stance

Cumulative Enforcement of European and National Competition Law and the Ne Bis In Idem Principle Case Comment to the Judgement of EU Court of Justice of 3 April 2019 Powszechny Zakład Ubezpieczeń na Życie S.A. v Prezes Urzędu Ochrony Konkurencji i Konsumentów (Case C-617/17)

The judgement of EU Court of Justice in response to the request for a preliminary ruling by the Polish Supreme Court confirms that the principle of ne bis in idem, enshrined in Article 50 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a national competition authority from fining an undertaking in a single decision for an infringement of national competition law and for an infringement of Article 82 EC (now Article 102 TFEU). In that regard it can be concluded that the judgement does not have anything new and is just a confirmation of settled case-law. Unfortunately, this case represents a lost opportunity to review the ‘double barrier’ doctrine and to clarify if the relationship between European and national competition law is one of ‘bilateral specialty’ or not.