Court Settlement Research Articles

KEDUDUKAN KEPALA DESA SEBAGAI HAKIM PERDAMAIAN

The rural population is a basic capital for national development, owned by the people and the Indonesian nation. In the constitutional structure of the Republic of Indonesia, the Village has developed in various forms and is obliged to be protected and empowered to be strong, advanced, and democratic and democratic so as to carry out governance and development towards a just, prosperous and prosperous society. The involvement of the Village Head in resolving conflicts within rural communities has made the writer interested in studying the nature of cases out of court settlement by the Village Head against the village community and the reformulation of legal policies in implementing the nature of the settlement of a non-court problem. The approach used in this research is statute approach, historical approach, and conceptual approach, and case approach. The results of this study states that solving a problem that occurs in the village by placing the Village Head as a peace judge is a form of discretion / policy of the executive in order to realize public service for the community. In other words because it is a discretion, it certainly follows the laws and regulations that state the limits of it.

The Legal Requirements for Retrocession of Real Estate Owned or Managed by the Administrative-Territorial Units in Romania

The fundamental property of any system of law. The Romanian legislator defines the nature, the object, destination and the distinction of the real estate assets.They are owned or they are in the administration of the territorial administrative units of the state which are part of the state public domain or are found in its private property. We will present in this work the method of administration, holding and estrangement of the real estate assets. Can become the subject to the restitution requests: the land located in the metropolitan area and outside the territorial administrative units, the erected buildings and the buildings with various destinations which form the totality of the real estate assets. Considering the role played by central and local administrations through the incursion after 1990 of the citizens access to the rights established according to the legal norms regarding the restitution of real estate assets. Settling of administrative notices versus court settlement of requests for the restitution of real estate property are the two ways citizens can use to exercise their right to property. We have found the deficiencies of the administrative system in the process of retrocession, as well as the shortcomings of the normative regulations considered from the point of view of the Romanian citizen that has to go through in retrocession of his right to property. The current research brings forward as scientific novelty the elements and legal ways through which they can legally access their own real estate sets.

Workplace environment and payout policy

Firms that encounter lawsuits are subject to unforeseen costs when a case is ruled in favor of the plaintiff. We examine the impact of lawsuits brought against firms and whether this affects the firms’ dividend policy, using unique hand-collected datasets of employee litigations and disputes that include court settlements for employee dispute cases in the United States. We find that lawsuits lower a firm’s payout ratio, and an increase in lawsuits for a firm lowers the likelihood of the firm to pay out dividends. The payout ratio also declines for firms following a litigation year: this effect of a lower payout ratio is more pronounced for smaller firms. These findings provide evidence that firms adjust their dividend policy when facing employee lawsuits.

Implementasi PERMA No. 2 Tahun 2015 di Pengadilan Negeri Yogyakarta

o overcome the barriers in the dispute settlement in court, the Supreme Court issued a new mechanism for the settlement of civil cases, called as simple civil claims. The procedure mechanism was introduced through the issuance of PERMA No. 2 of 2015 concerning Simple Civil Claim. The researcher in this study intended to observe the implementation of the PERMA of Simple Civil Claim in Yogyakarta DistrictCourt, along with the obstacles. The study was conducted using the empirical juridical research methodand analytical descriptive data analysis. From the research results, it can be concluded that the implementation of PERMA No. 2 of 2015 concerning Simple Civil Claim in Yogyakarta District Court is still ineffective in practice. This has been determined by various factors such as the rule of law, legal officers, facilities and infrastructure and community. The researcher also found a number of obstaclesfaced in implementing PERMA, some of which were related to the existence of options to choose the procedure mechanism, tight case qualifications that could be submitted through simple program procedures and lack of PERMA socialization.

Medical Licensure Questions About Mental Illness and Compliance with the Americans With Disabilities Act.

Substantial numbers of medical students and physicians live with some form of mental illness. Over the years, many medical licensure boards have asked physician medical licensure applicants with Doctor of Medicine (MD) degrees intrusive questions about whether they have any psychiatric history. This has discouraged many who need psychiatric treatment from seeking it because of fear of the questions. Gradually, court decisions and the United States Department of Justice have established that such questions violate the Americans with Disabilities Act (ADA). The 2014 Louisiana Supreme Court Settlement Agreement set definite limits on law licensure mental health questions, followed by a least one licensing body revising its physician licensure questions to be consistent with ADA standards. In this article we examine the current medical licensure questions from each state and the District of Columbia about the mental health of applicants and discuss their validity under ADA standards. Our original investigation of these questions found that the majority still ask questions that are unlikely to meet ADA standards. The judicial and Department of Justice developments, however, may compel them to abandon these questions. If not, legal action will enforce ADA compliance. This change will significantly benefit applicants who need psychiatric treatment.

PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA

After the enactment of Law No. 2 of 2004 on Industrial Relations Dispute Settlement, the implication of handling disputes disputes becomes the authority of the Industrial Relations Court at the local District Court. In addition to the court (litigation) settlement disputes termination disputes may also be settled out of court (non litigation). The Industrial Relations Court at the IA District Court handled several termination matters. In this study the authors will focus on the settlement through the judiciary (litigation). The problems discussed in this paper is the Role of Industrial Relations Court in Providing Legal Certainty to Termination of Employment Case (PHK) and Implementation of Decision. This study is juridical normative. Based on this research the authors draw the conclusion that the Industrial Relations Court has not played a role in Giving Legal Certainty to Termination Employment Case. The Industrial Relations Court only performs its role in accordance with applicable law. Implementation of the PHI's decision that the losing party tended to file a cassation appeal. Parties that have not / do not want to implement the contents of the decision of the IRC are caused by the absence of sanctions in Law Number 13 Year 2003 concerning Manpower and Law Number 2 Year 2004 on Industrial Relations Dispute Settlement.

Legal Protection Carried Out by the Financial Service Authority in a Dispute between Consumers and Insurance Companies in Indonesia

This study aims to find out how the form of legal protection carried out by the Financial Service Authority towards consumers who experience disputes with insurance companies in Indonesia. This research is a normative legal research that is the prescriptive approach. The data are taken from secondary data types that consist of primary and secondary legal materials. Data collection techniques used are library studies, and the analytical techniques used are deductive by syllogism method. The result of the study shows that a form of repressive protections is carried out by the Financial Service Authority after a dispute between consumers and insurance services and a legal defense that contains many weaknesses. Settlement of disputes between consumers and Insurance Companies can be done through litigation/ court and non-litigation/ out of court settlement. In the litigation process through the Commercial Court. The non-litigation process that will carried out with the institution/ internal dispute resolution step, limited facilities through mediation that facilitated by Financial Services Authority and finally through the external dispute resolution or the arbitration institution.

Consumers Spiritual Rights in the Islamic Banking Dispute Out of Court Settlement

From the perspective of consumer protection, consumer of Islamic Financial Institution (LKS) have spiritual rights, in which their religious rights are guaranteed in the form of sharia principles. The problem is that the provisions in Indonesia Financial Services Authority Regulation (POJK) Number 1/ POJK.07/ 2014 concerning Alternative Disputes Settlement Institutions do not contain clauses related to these spiritual rights. Using a doctrinal approach, especially philosophical, juridical, and practical, this study aims to analyze the POJK using the perspective of consumer protection, specifically spiritual rights. The results of the study found the disharmony of law in the alternative disputes settlement. If the problem does not receive adequate attention, it means that it does not encourage the legal certainty that is needed for Indonesia Islamic economic law development.

Restorative Justice Approach on The Under Age (Minors) Violator of The Traffic Case Accident (Laka) That Lead to Death in Polres Majalengka

The research is qualitative research in the form of descriptive analysis using sociological juridical approach. Types and sources of data used are primary data and secondary data. Data collected through the study of literature and interviews, while the juridical analysis using qualitative analysis. The approach used for the treatment of children in conflict with the law based on values, principles and norms. Pure approach puts the welfare and well-being approach to legal intervention. The punishment model approach to restorative justice called today considered more feasible. For the sake of freedom and rights of the child (fundamental rights and freedom of children) as well as the various interests related to the welfare of children. A limiting factor in the application of Restorative Justice against children in violation of the Act Traffic is due to the factor of legislation often misinterpretation, the factor of law enforcement is the lack of knowledge and skills of investigators in solving criminal cases traffic, factors of infrastructure, a factor of society who do not know information about Restorative justice, Cultural factors personal character actors and victims and their families who do not support the case outside of court settlement or peace. Efforts of traffic guards to avoid conflicts / complaints by victims neutral officer, the offender is directed to the relationship and extend our condolences to the victims, conduct deliberations and request assistance from the Institute of Corrections.Keywords: Restorative Justice; Traffic Accident; Child Actors.

Sub-Rosa Selling as a Settlement of Nonperforming Loans Tied to Credit Agreement with Fiduciary Guarantee in PT. Bank Rakyat Indonesia (Limited) Ltd.

This research purpose is to acknowledge problems upon the Warranty Law, especially upon the completion process of the troubled credit upon Sub-Rosa selling with Fiduciary warranty of PT. Bank Rakyat Indonesia (Limited) Ltd. and the risen obstacles upon the troubled credit completion under sub-Rosa with Fiduciary warranty of the PT. Bank Rakyat Indonesia (Limited) Ltd. The research was completed in PT. Bank Rakyat Indonesia (limited) Ltd. with the research subject including Account Officer (AO) of the bank. The research methodology used was Juridical Empirical, which used the fact approach system by executing observation and research on the field, which then evaluated and examined based upon the related regulation. The data used was primary data, which was taken directly from the field by using questioner and interview, and secondary data, which was literature.The data analysis used was analytical Qualitative with deductive concluding. The research results are: 1) Based upon the result, upon the completion of troubled credit if the fiduciary provider was not responsible, BRI executed sub-Rosa selling by asking the debtor to sell the warranty willingly, then gave the result to the bank to complete the loan. The method was considered faster, more effective, and efficient than the method of court settlement. 2) Upon the completion of the troubled credit by using sub-Rosa selling instrument, there were obstacles that delayed the completion.

Hedge fund manager fraud through PIPEs

PurposeThe purpose of this paper is to draw lessons to investors from the conduct of a hedge fund manager who according to the Securities and Exchange Commission (SEC) complaint made false and misleading statements before and after an auditor’s reports, misappropriated for personal benefit over $1m, misappropriated clients’ assets, failed to conduct due diligence on third-party buyer, instructed an employee to mislead investors and satisfied some investors’ redemptions with other investors’ subscriptions (Ponzi scheme) without disclosing it to investors. Ironically, the scheme was unveiled by the economic crises and not the investors, their advisers or third-party hedge fund vendors. Corey Ribotsky set up the investment adviser NIR Group to manage four AJW Funds that invested in private equity in public companies in 1999. Through manipulation of financial statements, he also managed to collect about $136m in management and incentive fees over an eight-year period. The SEC complaint alleged the AJW Funds’ assets to be $876m in 2007, yet this figure was not verified, and no assets were traced. Ribotsky did not pay any monies to SEC, as ordered by court settlement, and hence the victims did not recover any of their monies. The SEC could not produce criminal charges; hence, Ribotsky did not go to jail. This case highlights sterility of law enforcement when confronted with brazen fraud.FindingsInvestors fail to monitor hedge fund managers. Fraud was detected late and not through investors. Fraud was unraveled by the economic crises of 2008. The SEC had sued the fund manager. The fund manager consented to making payment to the SEC but did not make any payments. The SEC could not bring evidence to criminally charge the fund manager.Research limitations/implicationsThe findings based on the case study are valuable to investors and hedge fund industry stakeholders. The findings are not based on an empirical study.Practical implicationsInvestors need to carefully vet all hedge fund managers before allocating and funds and understand how managers make money through the claimed strategy. Also, there are limitations to law enforcement even with confronted with profound fraud schemes.Originality/valueThe case was built up from public sources to benefit investors considering making allocations to hedge fund managers. The public information about the case is of either legalistic or journalistic in nature.

KEDUDUKAN KEPALA DESA SEBAGAI HAKIM PERDAMAIAN

The rural population is a basic capital for national development, owned by the people and the Indonesian nation. In the constitutional structure of the Republic of Indonesia, the Village has developed in various forms and is obliged to be protected and empowered to be strong, advanced, and democratic and democratic so as to carry out governance and development towards a just, prosperous and prosperous society. The involvement of the Village Head in resolving conflicts within rural communities has made the writer interested in studying the nature of cases out of court settlement by the Village Head against the village community and the reformulation of legal policies in implementing the nature of the settlement of a non-court problem. The approach used in this research is statute approach, historical approach, and conceptual approach, and case approach. The results of this study states that solving a problem that occurs in the village by placing the Village Head as a peace judge is a form of discretion / policy of the executive in order to realize public service for the community. In other words because it is a discretion, it certainly follows the laws and regulations that state the limits of it.

Did Post-Floyd et al. Reforms Reduce Racial Disparities in NYPD Stop, Question, and Frisk Practices? An Exploratory Analysis Using External and Internal Benchmarks

Various methodological approaches to constructing external and internal benchmarks have been applied to estimate racial bias in police stop, question, and frisk (SQF) patterns. We apply an external benchmark of the race of the residential population and an internal benchmark of similarly-situated stops to estimate if racial disparities in New York City SQF data were impacted by the Floyd, et al. v. City of New York court settlement. We find that after the settlement, the racial composition of census tracts were no longer significant predictors of the stop rate after controlling for reported crime, socioeconomic factors, and police precincts. We further find that differences in SQF outcomes and hit rates between Blacks and Hispanics and similarly-situated others diminished substantially after the settlement. These findings suggest that court reforms may be an effective method for reducing racial disparities in SQF patterns.

ALTERNATIF DALAM PENYELESAIAN SENGKETA (LITIGASI DAN NON LITIGASI)

Abstract There are two ways to settle a dispute: a) litigation, the process of settling a dispute through court system. The dispute settlement by litigation will follow legal procedures in a court, b) non-litigation, dispute settlement out of court system, for example, through negotiation, mediation, arbitration, conciliation, and settlement mediated by kepala desa (village leader) based on local customary law. Each way has its own particular advantages. A settlement through litigation is final, binding, and forcing the litigants to obey the implementation of a verdict. Therefore, an execution is provided as a forcing institution. Meanwhile, a non-litigation system settles disputes in a faster way, financially more efficient, and the verdict may variously be adapted to a broad agreement. Kata Kunci: Penyelesaian sengketa, litigasi, dan non litigasi

Dizziness, malpractice, and the otolaryngologist

PurposeTo assess malpractice claims related to the management of dizziness in otolaryngology in order to improve care and minimize the risk of litigation. Materials and methodsThis is a retrospective review of the LexisNexis “Jury Verdicts and Settlements” database. All lawsuits and out of court adjudications related to the management of dizziness by otolaryngologists were collected. Data including patient demographics, plaintiff allegation, procedure performed, and indemnities were analyzed. ResultsOf 21 cases meeting inclusion criteria, 17 were decided by a trial jury and four were resolved out of court. Jury verdicts favored the plaintiff 53% of the time and a payout was made in 57% of cases overall. Average payments were higher for jury verdicts in favor of the plaintiff ($1.8 million) as compared to out of court settlements ($545,000). Two-thirds of cases involved surgery, most commonly stapes surgery. Legal allegations, including physical injury, negligence, and lack of informed consent failed to predict the legal outcome. ConclusionsAppropriate examination, testing, and referrals within a timely manner are crucial in the management of dizzy patients to avoid misdiagnoses. It is imperative that patients undergoing ear surgery are appropriately counseled that dizziness is a potential complication. The analysis of malpractice literature is complementary to clinical studies, with the potential to educate practitioners, improve patient care, and mitigate risk.

IL RECLAMO E LA MEDIAZIONE TRIBUTARIA DOPO LA RIFORMA: PROFILI RICOSTRUTTIVI E RISVOLTI APPLICATIVI – PARTE PRIMA

The tax complaint and mediation underwent a noticeable makeover thanks to the decreeSeptember 24, 2015, n. 156, which gave effect to the delegation of reform of the tax system (lawMarch 11, 2014, n. 23). The decree has completely rewritten the article 17 bis, decree n. 546/1992,which, in the original formulation, had aroused many doubts of interpretation and applicationproblems, also in terms of constitutionality, culminating in a ruling by the Constitutional Court.The intervention is symptomatic of the evolution of the regulatory system towarda “marginalization” of contentious stage, intended to be a measure of extrema ratio, kicked down toa remote possibility, solvable even on slopes of judgment, through conflict resolution instrumentsstructured in such a way as to be convenient and attractive to both parties.Although he has not solved all the problems of interpretation, the novel has the meritof having corrected some discrepancies, present in the original version, in order to implement therenewal instances from multiple parts: the result was the strengthening of the institute, aimedat resolving minor disputes out of court, composed mainly of disputes of limited economic value,although numerous in quantity; this made it possible to avoid a waste of resources, focusing on themost relevant disputes judicial machine. Regulatory choices underlying the reform can be summarised as follows: extension of thecomplaint/mediation to all acts-including land-value below the deductible (unchanged), issuedby tax bodies, officers or private dealers imposition; restructuring of benefit sanctions in favourof the taxpayer; simplification of procedural mode; possibility for disputes subject to tax claim byexperiencing tax court settlement, in the future be used as well on appeal, both in court and outcourt; regulating the payment of the amount due as a result of the proceedings.

Ethical Dispute Control in Islamic Banking Relationship

This paper examines application of ethical practice in conflict management process in Islamic banking relationship.The paper used interpretive qualitative research, based on current practice of Jaiz Islamic bank in Nigeria.Data were gathered from Jaiz Islamic bank staff, through semi structured interview.The findings show that, Jaiz Islamic bank managers uses Sulh (conciliation and compromise) more than Mushawarah (consensus building) approach, once disagreements occur.If conflict escalates, they preferably employ non-binding arbitration process using experts like Fatawal-mufti and or CBN than arbiter judge (court annexed).Managers expresses their opposition to any form of court litigation, rather, they prefer out of court settlement to settle dispute, due to resultant effect of court litigation on business relationship continuity.Jaiz Islamic bankers therefore, are found to be innovative in conflict management in all customer related issues.The study contributes to literature of dispute control by effectively resolving dispute issues at less cost.

The EU’s Proposed Investment Court and WTO Dispute Settlement: A Comparison and Lessons Learned

The EU’s Proposed Investment Court and WTO Dispute Settlement: A Comparison and Lessons Learned

The EU’S Proposed Investment Court and WTO Dispute Settlement: A Comparison and Lessons Learned

Investor-state dispute settlement (ISDS) has been a prominent feature of bilateral investment treaties that have proliferated since the mid-20th century. Perhaps in part due to its popularity, ISDS has recently been subject to significant criticism. The European Union has proposed a reconception of ISDS in the Comprehensive Economic and Trade Agreement with Canada (CETA), which was signed on 30 October 2016, in its proposed Investment Chapter for the Transatlantic Trade and Investment Partnership (TTIP) which it was negotiating with the United States until those negotiations were effectively paused in early 2017, as well as in several other policy documents and free trade agreements. The EU’S proposed “Investment Court System” (ICS) in particular, would make resolution of investment disputes more similar to the World Trade Organisation’s (WTO) state-to-state dispute settlement mechanism for trade disputes and, as the EU sees it, would form the basis for a broader restructuring and multilateralisation of investment protection worldwide. This article examines the EU’S proposed approach and aims to compare key aspects of its Investment Court mechanism to the WTO. Where possible, we also consider some of the lessons learned from the WTO and how they compare to the EU’S proposed Investment Court System.

LAIKINŲJŲ APSAUGOS PRIEMONIŲ TAIKYMO TESTAS LIETUVOS APELIACINIO TEISMO PRAKTIKOJE

Straipsnyje analizuojamos Lietuvos apeliacinio teismo praktikoje išsiskiriančios laikinųjų apsaugos priemonių taikymo ir aiškinimo tendencijos, jų probleminiai aspektai. Vertinami tikėtino ieškinio pagrįstumo, teismo sprendimo įvykdymo pasunkėjimo ar pasidarymo neįmanomo įrodinėjimo standartai, ypač pastarojo santykis su didelės ieškinio sumos aplinkybe. Pateikiami pasiūlymai dėl CPK 144 straipsnio 1 dalies taikymo ir aiškinimo tokiu būdu, kad būtų maksimaliai užtikrintas teisėtų lūkesčių, teisinio apibrėžtumo principų įgyvendinimas, organiškas teismų praktikos vystymasis.