Settlement Procedures Research Articles

Kiat-Kiat Mengatasi Permasalahan Hukum Bagi Pelaku Usaha Kecil Mikro di Desa Pandeyan

The development of micro small businesses must be directly proportional to legal knowledge for the perpetrators, because with the development of micro small businesses, the possibility of intersecting with legal problems will be even greater. Of course, all micro small business actors hope that their business is fine, but problems such as civil, criminal, labor, tax will not rule out the possibility of being experienced in the future. Of course, with a good level of knowledge, problems such as disputes or disputes can be avoided in the future or at least if disputes occur micro small business actors know how to overcome them. Evidence of the large number of civil problems in court is an indication that intentionally or unintentionally many business actors do not carry out rights or obligations so that disputes between micro small business actors are born. Tips for overcoming legal problems for micro small businesses aims to foster legal awareness and settlement procedures in the event of disputes in the future, the author feels the need to provide legal counseling for micro small businesses in order to foster knowledge and understanding related to tips on overcoming legal problems for micro small businesses for the realization of more advanced Indonesian micro small businesses.

TINDAKAN PREVENTIF DAN REPRESIF SEBAGAI UPAYA PERLINDUNGAN HUKUM TINDAK PIDANA PEMERKOSA ANAK

Law Number 17 of 2016 concerning Child Protection provides special protection to children. This law regulates children's rights, parental responsibilities, child care, as well as handling cases of violence and abuse against children. This research aims to find out and explain the legal considerations taken by the judge in making a decision in the criminal case of child rape in case no. 1/Pid.Sus-Anak/2023/PN Bbs and to find out and explain the legal protection mechanisms provided to children who are victims of rape.
 This type of research is Normative. In this research, there are three approaches applied, namely an approach through analysis of legal regulations (statute approach), a case study (case study), and a conceptual approach (conceptual approach). Systematic Accountability in this research focuses on examining the Judge's Decision in the Child Rape case with case number No. 1/Pid.Sus-Anak/2023/PN Bbs in detail for each chapter and sub-chapter discussed, and provides supporting descriptions in the process of reviewing the Judge's Decision.
 Legal considerations (Ratio Decidendi) Decision No.1/Pid.Sus/Anak/ 2023/PNBBS consists of 4 elements, namely: Person or Human Element, Element of Deliberate Commitment of Deception, Element of Sexual Intercourse or Sexual Relations, Element of the person who commits it, the element that orders it to be carried out. and participate in doing it. The legal protection mechanism provided for child victims of rape is preventive: this can be done by providing information, education and understanding to the public about the applicable laws and regulations. Preventive Legal Protection Efforts by providing legal counseling, providing administrative sanctions, as well as crime prevention measures such as security patrols and security supervision. In a repressive way; Restitution and providing medical assistance/psycho-social rehabilitation assistance can be carried out in the context of restoring the victim's condition from all aspects. The restitution mechanism is regulated in Article 5 of PERMA Number 1 of 2022 concerning Procedures for Settlement of Applications and Providing Restitution and Compensation to Victims of Crime.

The Legal Perfection of the System of Executors in Estate Management

The newly added estate administrator system in the Civil Code holds significant importance in preventing improper estate management, resolving inheritance disputes, and protecting the interests of relevant parties. However, the general and principle-based nature of this system has posed challenges in judicial practice, revealing its shortcomings and inability to meet the needs of current legal relationships. Therefore, it has become an urgent task to supplement and modify this system. In order to improve the estate administrator system, several aspects can be considered for reflection and improvement. Firstly, it is necessary to clarify the independent legal status of estate administrators and have their rights granted by notary institutions. Secondly, provisions should be added regarding the entities responsible for compiling estate inventories, time limits, contents, reporting recipients, and handling objections. Additionally, establishing procedures for public notice and declaration of creditors' claims and specifying the procedures for debt settlement are crucial. Lastly, it is important to consider introducing provisions for terminating estate administrator duties in two specific situations.

Сoncept, Content and Types of Procedures for Pre-Court Settlement of Administrative and Legal Disputes

The topicality of the topic is due to the study of various forms and procedures of pre-trial settlement of administrative-legal disputes as alternatives to the judicial procedure for consideration of this category of disputes, which requires a much larger public resource. The purpose of the study is to carry out a scientific analysis of the legal nature of pre-trial procedures for resolving public-law disputes, their types, as well as substantiating proposals for their improvement. The tasks of the research are to carry out a theoretical-legal analysis of the concept and content of "administrative procedures", to define the concept of "procedures for pre-trial settlement of administrative-legal disputes", to clarify its content and types. Achieving the outlined goal and fulfilling the set tasks became possible thanks to the use of a complex of methods of scientific knowledge, in particular the dialectical method, the use of which made it possible to comprehensively reveal the nature of "administrative procedure" as a form of pre-trial settlement of an administrative-legal dispute, as well as to trace the genesis of this phenomenon; the formal legal method was used to establish the content of legal norms and analyze the practice of their application by courts. As a result of the study, it was established that the procedure for pre-trial settlement of administrative-legal disputes should be understood as a legally defined sequence of actions of a subject of authority or another authorized person aimed at taking measures to resolve an administrative-legal dispute out of court. The following alternative procedural forms of pre-trial and out-of-court settlement of administrative-legal disputes are singled out: 1) administrative procedure for consideration of complaints against decisions, actions or inaction of subjects of authority, in accordance with the Law of Ukraine "On Appeals of Citizens"; 2) the procedure for appealing an administrative act of a subject of authority, in accordance with the Law of Ukraine "On Administrative Procedure"; 3) mediation – an out-of-court procedure for the settlement of a public-law conflict (dispute), which is carried out with the help (mediation) of a mediator; 4) reaching a tax compromise when resolving tax disputes, in accordance with the Tax Code of Ukraine; 5) the procedure for administrative appeal of decisions in cases of administrative offenses, in accordance with the procedure specified by the Code of Ukraine on Administrative Offenses and the Customs Code of Ukraine. It has been proven that the most complete content of this procedure is defined in the Law of Ukraine "On Administrative Procedure", which gives reasons to distinguish the following stages of it: initiation of administrative proceedings (complaint and decision, action or inaction of the subject of authority) and filing of such a complaint directly to the entity authorized to consider it or through the Centers for the provision of administrative services; accepting, registering a complaint and opening proceedings for its consideration; investigation of the circumstances of the case and collection of evidence; consideration and resolution of the case; making a decision in a case in the form of an administrative act; bringing the administrative act to the attention of the applicant; ensuring the implementation of the adopted act. Proposals to improve the norms of the Law of Ukraine "On Mediation", which regulate the procedure for out-of-court settlement of public-law disputes by defining and meaningfully filling the stages of such a procedure, are substantiated.

Virtual Voting in rfmos: A Procedural Odyssey at the Indian Ocean Tuna Commission

Abstract This article examines, from the perspective of international institutional law, the variety of procedural problems which arose following an online vote by secret ballot taken by the Indian Ocean Tuna Commission (iotc) in 2021. By providing a detailed case-study of this novel instance of practice and the challenges it represents, this article aims to contribute to a better understanding of the institutional governance and procedural legal framework of regional fisheries management organizations (rfmo s). It first analyses the vote and the challenge to its validity. This article then constructs a taxonomy of the various procedural irregularities that were found to have occurred, the responsibility of institutional actors for their occurrence, and their legal consequences. The final substantive sections of this article examine how the iotc ultimately dealt with the situation and what potential role the available dispute settlement procedures could have had in addressing the discussed procedural irregularities.

International Law Against Countries That Have Introduced Sanctions Pollution

The 1982 International Convention on the law of the sea or UNCLOS describes the rules, actions, and uses of the sea nationally and/or internationally. Pollution activities arise from various sectors and polluters not only the state but the existence of corporations is also able to trigger the emergence of pollution, especially in the field of waters that will seep through the flow of water and also follow the wind wave (wind wave) to enter the territory of another country. Research conducted is normative legal research or doctoral research, based on the results of research that the settlement of international sea zinc has been described in the International Convention on Article 287 paragraph (1) Chapter XV UNCLOS 1982 on the selection of Settlement Procedures. In fact sanski that has been given is not implemented because the sanctioned countries do not put forward the principle of good faith.

The Implementation of Consensual Tenet in Modern Civil Procedure: Comparative Analysis of Court-Connected Settlement Procedures Applied in Austria, Lithuania, and Ukraine

Background: In this article, the co-authors continue exploring the observable changes in the orientation of civil procedure, moving from competitive and adversarial models towards more cooperative and consensual approaches. Specifically, this work aims to disclose the peculiarities of practically implementing the principles of mutual cooperation and consensuality in civil procedure. The research delves into court-connected settlement procedures in three European countries: Austria, Lithuania, and Ukraine. Through a comparative analysis of the legal regulations and practices in the selected countries, the article evaluates the impact of the application of settlement-oriented procedures on fostering a more amicable resolution of civil disputes. Methods: Research commenced with a review of the existing scientific literature, a brief historical analysis, and a document analysis concerning the legal framework of settlement-oriented procedures applied in the civil process in selected countries. This work is the continuation of the previous research of the co-authors, aiming to explore how the identified global trend of the drift towards a consensual tenet in the civil procedure was reflected in the selected countries’ legal legislation and practice. The Austrian, Lithuanian, and Ukrainian legal frameworks of court-connected settlement-oriented procedures were compared to acknowledge the existing variety and specifics of national approaches towards consensuality in the civil procedure in different jurisdictions. Results and Conclusions: The ideas of a more socially oriented and consensual civil procedure are implemented in the civil procedure of Austria, Lithuania, and Ukraine through the introduction of settlement-oriented methods of dispute resolution, such as court conciliation and court mediation. Despite the wide common understanding of these amicable procedures, essential differences in the theoretical understanding of the concept and its implementation in the analysed jurisdiction were identified. This research assists dispute resolution practitioners and researchers interested in better understanding the implementation of court-connected settlement-oriented procedures in different jurisdictions.

Поняття та основи правового регулювання інституту медіації: український та зарубіжний досвід

The article is devoted to the concept and legal regulation of the institution of mediation in Ukraine. The authors note that today mediation is one of the most effective ways to resolve conflicts, because the decision made as a result of negotiations or mutual agreement of the parties reflects the true interests of the parties. Modern mediation is one of the methods of out-of-court informal settlement of disputes, such as arbitration, conciliation, arbitration courts, expert evaluation. Mediation can be used both in family disputes and in disputes between large corporations or international disputes as not only an alternative method of conflict resolution, but as the most effective one. The authors, analyzing the concept of mediation, point out that the National legislation contains the definition of the concept of mediation in the Law of Ukraine "On Mediation". The authors note that despite certain differences in definitions, the following characteristic features are decisive for the concept of mediation: the involvement of a third, disinterested, independent person who helps to reach a consensus between the conflicting parties; voluntary participation in the mediation process; confidentiality of the dispute settlement procedure. Also, its non-judicial character is one of the characteristic features of mediation. In the article, the authors note that the adoption of the Law of Ukraine "On Mediation" has its positive consequences, namely: increasing public awareness of mediation as a way of resolving conflicts through negotiations; increasing trust in such an out-of-court method of dispute settlement, thanks to the legal certainty of the mediation procedure, the legal status of the mediator, the rights and obligations of the participants in the mediation procedure, and the outline of the main principles (principles) of its conduct; legalization of the profession of mediator and the corresponding type of activity; determining the mediator's status in interaction with courts, authorities in matters of the mediation procedure; not allowing the mediator to be questioned as a witness regarding the information that became known to him during the participation in the mediation procedure. Legislative regulation of mediation procedures, according to the authors, creates conditions for more active use of this method of conflict (dispute) settlement and their resolution

Settlement of Bankruptcy Assets in A Form of Crypto Assets Throughout Bankcruptcy Process

AbstractThis research analyzes Crypto Assets as bankruptcy assets in the procedures for settlement by the curator in relation to statutory regulations, as well as the criteria for objects that can be included in bankruptcy assets. Generally, wealth is in the form of objects that can be seen, but the emergence of Crypto Assets in society breaks the stigma that exists in general. Based on bankruptcy practices in Indonesia, the categories or characteristics of objects that can be included as bankruptcy assets belonging to debtors are object that have resale value or economic value. This research is juridical-normative in nature. The results of this research show that crypto assets have met the classification as intangible objects. As bankruptcy assets, Crypto Assets cannot necessarily be used as a means of paying debts to creditors, because in Indonesia Crypto Assets are only allowed as an investment tool. However, Crypto Assets as bankruptcy assets must first be cleared by the curator until they are in the form of rupiah currency through certain stages in accordance with applicable law and regulations.Keywords: Bankruptcy; Bankruptcy Assets; Crypto Assets; Settlement.

Optimizing the Improvement of Judge Competence in Settlements of Sharia Economic Disputes in Religious Courts

Introduction: This is motivated by the increasingly widespread sharia economic disputes being handled by the Religious Courts, so that an institution is needed that can create the character of judges that are in accordance with the expectations of society. The institution is the Research and Development Agency for Legal and Judicial Education and Training of the Supreme Court of the Republic of Indonesia (Balitbang Diklat Kumdil MA-RI).Purposes of the Research: This paper describes the legal symptoms or legal facts related to the ability of religious court judges to decide cases related to sharia economics and studies the education and training curriculum for judges within the scope of the Supreme Court of the Republic of Indonesia No. 4 of 2019 concerning Procedures for Simple Claims and Supreme Court Regulation No. 14 of 2016 concerning Procedures for Settlement of Sharia Economic DisputesMethods of the Research: This paper uses a normative juridical approach.Results of the Research: Implementation of the curriculum at the Ministry of Education and Training Research and Development of the Supreme Court ‘Kumdil’ aims to improve the ability to organize training. The capacity building referred to is one of the certifications of sharia economic judges which is aimed at forming the quality of judges' resources in the technical field of justice who are professional, have integrity and are independent in resolving sharia economic disputes.

A comparative analysis of compulsory conciliation under the United Nations Convention on the Law of the Sea

Compulsory conciliation is featured as a residual means in the United Nations Convention on the Law of the Sea, yet it is still an important dispute settlement procedure. In terms of jurisdiction and settlement of competence disputes, compulsory conciliation is closely related to arbitration and litigation under Article 287. The recommendations and reports of the Conciliation Commission are not legally binding. Compared with arbitration and litigation, compulsory conciliation has advantages in the form of procedural flexibility and controllability of results. Concerning the number of maritime delimitation cases referred to the International Court of Justice (ICJ), International Tribunal for the Law of the Sea (ITLOS) and Annex VII arbitral tribunals, all of them do not have a significant advantage over conciliation. The Conciliation Commission enjoys greater flexibility in the application of law and procedures, and its recommendations may even go beyond the request of the parties. Given that the procedure has a nonadversarial character, and the conciliation agreements are typically based on the voluntariness of the disputing parties, the willingness to comply and enforce is better than arbitration and litigation. It also has advantages over arbitration and litigation in terms of the political and time cost. Thus, with greater understanding and practice of the procedure, it will play a more important role in maritime dispute settlements.

Actualization Of Human Rights In The Case Of Rempang Island In Indonesia In The Perspective Of Environmental Law

This study aims to further review human actualization in the case of Rempang Island in Indonesia in the perspective of environmental law. This study investigates the case of Rempang Island in Indonesia, a conflict containing human rights violations reviewed through environmental law. In the perspective of environmental law, a healthy environment is everyone's right without exception, so environmental damage is against the law. Violations in the environmental domain must be safeguarded based on appropriate legal settlement procedures. In the case of Rempang Island, the actualization of human rights in the perspective of environmental law can be interpreted as the protection of people's rights to their land and environment, as well as transparent and effective law enforcement to prevent environmental damage and human rights violations.

Blockchain Application to Financial Market Clearing and Settlement Systems

Blockchain technology has emerged as a transformative force in the financial industry, offering the potential to streamline and enhance financial markets’ clearing and settlement processes. This paper explores the application of blockchain technology in these critical areas. We examine traditional clearing and settlement procedures, the challenges they pose, and how blockchain can address these issues. Through case studies and technical insights, we illustrate the benefits and limitations of implementing blockchain solutions. This paper utilizes the PRISMA method to survey papers related to blockchain-based clearing and settlement systems, while using Science Direct to identify papers that have been published in this area. These papers were reviewed to identify themes that relate to extending blockchain development for clearing and settlement system in financial markets. As a result, this paper also shows how the Layer One X (L1X) blockchain can be applied to develop financial markets clearing and settlement systems.

Case Study Of Layoffs Of Pt Masterindo Jaya Abadi Vs 1142 Employees

This research was conducted to increase the knowledge of university officials, the academic community, and readers by providing information about settlement procedures in the event of a dispute in industrial relations. The research method used in this study is juridical normative based on secondary data in the form of applicable laws and regulations and jurisprudence. Industrial relations is a system of relations formed between actors in the production process of goods and/or services consisting of elements of entrepreneurs, workers/laborers, and the government based on the value of Pancasila and the Constitution of the Republic of Indonesia Year 1945. The position of workers/workers is lower than employers or employers, in this case it is necessary to intervene from the government to provide legal protection. Legal protection is intended with the aim that in employment relations there can be guaranteed justice and protection of human rights (workers), both of which are the objectives of legal protection itself. A fixed-time work agreement is an employment agreement made that is binding on contract employees and freelancers and an indefinite-time work agreement is an employment agreement made that is binding on employees that is binding on permanent employees who do not have a validity period. This research contributes in order to increasing awareness from university officials, the academic community, and readers regarding procedures for resolving a dispute in industrial relations and provide advice on the positive impact of making an employment agreement.

CRIMEAN OCCUPATION AND UNCLOS DISPUTE SETTLEMENT: NAVIGATING TERRITORIAL SOVEREIGNTY AND NON-RECOGNITION

Abstract. The article examines the interplay between the Crimean occupation and UNCLOS compulsory dispute settlement procedures, exploring how the fact of Crimea’s occupation can be established and UNCLOS dispute settlement procedures applied. It also investigates the contradiction within the Annex VII Arbitral Tribunal’s award in the Coastal State Rights Dispute due to Crimea’s occupation. The study concludes that to address violations made by the Russian Federation under the provision of UNCLOS Crimea’s occupation, Ukraine can seek an advisory opinion from the International Court of Justice. Strengthening Ukraine’s position requires a legally binding decision on Crimea’s occupied status and Ukraine’s coastal state status, possibly through an ad hoc tribunal with jurisdiction. Supporting evidence from other courts may be valuable, despite their lack of direct jurisdiction over the matter of occupation. The article also discusses the principle of nonrecognition and the tribunal’s neutral approach to accommodate both parties in its award in Coastal State Rights Dispute.

Pag-Hinusayay: Unveiling the Unwritten Customary Laws and Settlement Practices of Panay Bukidnon Community

The Panay Bukidnon tribe's unique dispute resolution processes, deeply rooted in their cultural heritage, demonstrate a historical exercise of power by recognized elders and village emissaries within the community. The significance of exploring these laws and settlement procedures lies in unraveling a previously unknown aspect of Panay Bukidnon culture. Hence, this study was conducted to investigate the unwritten customary laws and settlement practices in Barangay Minan, Tapaz, Capiz, Philippines. This study adopts a qualitative research methodology with a narrative approach, aiming to gain insights into the unwritten customary laws and settlement practices of the Panay Bukidnon community. The respondents of the study were selected using the purposive sampling technique, specifically targeting four (4) magurangs or elders from the Panay Bukidnon community. Thematic analysis of the study showed that the role of the Manug-husay is a generational responsibility, ensuring the continuity and transmission of knowledge regarding dispute resolution and settlement practices. They have many practices so different from others and learning their rich tradition is a balm for knowledge seekers and peace settlers. These unwritten customary laws and settlement practices have also remained unchanged over generations, symbolizing the resilience and preservation of cultural heritage.

Civil Judicial System of Bangladesh: Trial Level and Jurisdiction

This review article explores Bangladesh's trial-level judicial system and Jurisdiction, including court structures, court jurisdiction, difficulties, and improvements. The article gives a general legal system overview, outlining the courts' composition and functions. It goes in-depth on each Court's Jurisdiction, covering civil, criminal, and specialized Jurisdiction. The essay highlights difficulties with the trial-level legal system, including case backlogs, restricted access to justice, and questions about judicial independence and accountability. It also examines the changes made to solve these issues, such as case management systems, bolstering of lower courts, alternative conflict settlement procedures, new technologies, and law reforms. The importance of continuous reforms is emphasized in the article's conclusion to guarantee Bangladesh has a trial-level judicial system that is effective, transparent, and responsible and promotes the rule of law.

Dispute Settlement in Complete Matic System Land Registration

This article analyzes Legal Protection for Complete Systematic Land Registration (Pendaftaran Tanah Secara Sistematis Lengkap) or PTSL and Dispute Resolution in PTSL.This research is an empirical legal research with statutory approach, case approach, concept approach, and legal sociology approach. The results of this study indicate that legal protection for certificate holders in the PTSL Program is not absolute and only strong because the land registration system in Indonesia adheres to a negative publication system. Dispute settlement in the PTSL Program is resolved through the Non-Litigation and Litigation channels. Based on research at the Gianyar Regency Badan Pertanahan Nasional Office (BPN) or National Land Agency Office and the Tabanan Regency BPN Office, disputes over Overlapping Certificates and Inheritance Disputes dispute settlement through Non-Litigation Methods are carried out by means of Mediation accompanied by a Mediator, which Overlapping Disputes Pays little attention to the elements of Theory Legal Justice because there is no settlement procedure, whereas inheritance disputes have fulfilled the elements of the Theory of Justice where there is a fair procedure in the stages of settlement. Based on the results of research at the Tabanan Regency BPN Office and Karangasem Regency BPN There is a Customary Land Claim Dispute which was resolved through the Litigation Line at the District Court was decided based on considerations of coherence between Physical Data and Juridical Data in the issuance of Certificates of Land Rights which are in accordance with the Theory of the Legal System reflects the Substance The law has clear rules in the judge's considerations, the legal structure has law enforcement officers formed from the legal system, in this case the Adjudication Committee and Judges at the District Court, the Community's Legal Culture towards the PTSL Program reflects that there is still bad faith from the community in submitting its registration.

A Solution to Blockchain Smart Contract Based Parametric Transport and Logistics Insurance

Traditional insurance policies pay the insurer according to the actual loss or damage to a tangible object that is insured. Due to the numerous parties involved, the settlement procedure is usually highly drawn out. Comparatively, parametric insurance protects a policyholder from the occurrence of a particular event by disbursing a predetermined sum dependent on the severity of the event. In the transportation sector, supply chain disruptions caused by delays are precisely the kind of event that parametric insurance may be able to cover. Transportation delays can happen for several reasons. Events like adverse weather, heavy traffic, and poor road conditions can all slow down the logistics supply chain. An occurrence triggers parametric insurance claims. Unfavorable scenarios can be insured, and claims can be automatically processed depending on policy criteria and conditions. The standard centralized database technique can be utilized to build parametric insurance schemes; however, the data is open to manipulation. This paper examines how to create parametric transport insurance using blockchain. It discusses user journey, technology solutions, design and implementation problems, and parametric service insurance. The blueprint for transportation parametric insurance can be used in other fields including Agriculture (Crop Insurance) [22], Disaster Insurance [23], Aviation, Travel, and manufacturing industry.

Cartel Leniency and Settlements: A Joint Perspective

This paper studies the interactions between a cartel leniency program and a settlement procedure. The EU settlement procedure gives colluding firms that do not apply for leniency an additional opportunity to cooperate with the competition authority in exchange for a reduced fine after a preliminary case has been established against them. We derive the conditions under which colluding firms apply for leniency, settle, or refuse to cooperate with the authority in equilibrium. Our policy results show that settlements can act as a complement or as a substitute to the leniency program. We also study the welfare-optimal policy and highlight a novel interdependence between the fine reductions that should be offered to leniency applicants and to settling firms.