Special Court Research Articles

Special Courts for the Settlement of Regional Head Election Disputes in the Context of Realizing the Principle of Legal Certainty and Orderly Governane

Law Number 12 of 2008 violates the 1945 Constitution of the Republic of Indonesia. Article 157(1) of Law Number 8 of 2015 stipulates that the settlement of disputes over the results of direct regional head elections is under the jurisdiction of a special court, but until the establishment of a special court, the Constitutional Court still has the power to resolve disputes over the results of direct elections. The results of the research are expected to be able to answer constitutional issues in Indonesia, especially regarding the urgency of the establishment of a special court for the election of regional heads and the extent to which the design model for special courts for the election of regional heads is in order to ensure the quality of democracy. In addition, as a discourse for students who are in the field of Constitutional Law, it requires constructive thinking. This research uses a normative juridical approach which emphasizes literature research. The portrait of dispute resolution on the results of regional head elections continues to experience dynamics along with interpretations of the institutionalization of regional head elections as part of the general election regime or not.

The Ideal Concept of the Position Judges as State Officials in the Ius Constituendum in Indonesia

Problems regarding the position of judges that continue to continue will affect their duties in upholding law and justice. Provisions regarding the position of judges in several statutory provisions are also considered to have multiple interpretations and are inconsistent. To find out more fully, this paper will first analyze and criticize the concept of judges in the Draft Law on the Office of Judges, then provide the ideal concept of the position of judges as state officials in the ius constituendum in Indonesia. This study uses normative legal research with a statutory and conceptual approach. The results of the study are tThere are several crucial issues in the Draft Law on the Position of Judges, which among others are related to 1) The Government's Rejection of the Status of all Judges as State Officials; 2) Periodization of the position of Supreme Court Justices; 3) Sharing of Judges Recruitment Authority with the Judicial Commission; and 4) Reduction of Judge's Retirement Age. Then to realize the ideal position of judges in the future in the ius constituendum, changes need to be made through changes in concepts ranging from; 1) the concept of judges as State Officials; 2) Supreme Court Institutional Structure; 3) Mechanism of Promotion, Demotion, Mutation, Reword and Punishment of Judges; 4) Strengthening the Retirement Age of Judges in Indonesia; 5) Court of Appeals and Classification of Cases Entering the Supreme Court; 6) The concept of the Judicial Commission in Maintaining Judges' Dignity; 7) Regulation of Ad Hoc Judges and Special Courts in Indonesia; and 8) Recruitmentand Education of Candidates for Judges.

Directions of improvement of efficiency of judicial expertise in cases concerning objects of intellectual property

Key words: effectiveness of judicial expertise, expert conclusion, improvement of the legislative framework of judicial expertise, training and retraining of the staff of judicial experts, assessment of the expert's conclusion by the court
 The article is devoted to the question of determining directions of increase in effectiveness of judicial examination of violated rights on objects of intellectual property. The essence of the concept "effectiveness of judicial expertise" is revealed, which can be used for the processes of judicial expertise considering the peculiarities of intellectual property objects, and it is emphasized that in legal practice the concept "effectiveness" has no purpose of defining the value of processes and technologies. It is noted that the effectiveness of judicial expertise is determined by the following components: ensuring rational and effective organization of judicial expertise; ensuring the validity, permissibility, reliability, completeness and objectivity of the provided expert opinion; improvement of the regulatory framework; organization of basic training of experts in the field of intellectual property. It is shown that the effectiveness ofjudicial experts in the field of intellectual property directly depends on the quality of special legislation. Thus, special industrial property laws have not solved a number of problems that can be identified only in the process of law enforcement, in particular, during the conduct of judicial and expert research.A well-grounded proposition that the effectiveness of the expert examinations in cases of intellectual property objects can be enhanced by more active involvement of experts in the field of science, technology, art, crafts, etc., who are not qualified judicialexperts. At that, the most effective form of such attraction may be the order of conducting examination of the commission in the composition of the specialist in the relevant industry and the certified expert of the respective specialty.It is also proved that such factors as judges’ workload, their experience, presence of additional training (education), presence or absence of specialization in this kind of judicial activity influence the completeness and comprehensiveness assessment of the litigation proceeding. The hope was expressed that the creation and commencement of the work of the High specialized Court on Intellectual Property issues will have a positive impact on the effectiveness of judicial expertise in this branch.

Administrative and legal characteristics of the place and role of a judge of the Higher specialized court

One of the aspects of the implementation of judicial reform in Ukraine was the establishment of the High Specialized Courts, which were to ensure the administration of objective justice in important areas, including combating corruption and combating intellectual property offenses. In this context, it is important to determine not only the role and place of these judges in the judicial system of Ukraine in general, but also to provide administrative and legal characteristics of the place and role of judges of higher specialized courts in particular.
 The purpose of the article is the administrative and legal characteristics of the place and role of a judge of the higher specialized court.
 According to the principle of separation of powers, all three branches must be independent of each other. Concentration of power in a state body or person can lead to the seizure of power. The judiciary is the most reliable and civilized way to protect human rights and civil rights and freedoms, and judicial protection of human rights and freedoms is the most democratic and appropriate way to consider the facts and causes of various disputes and establish the truth in pending cases.
 As for the role of the judge directly in the process, the judge considers the case within the established procedural norms. Everything is based on the legal basis, and the judge is in fact the observer of the process, a person who, in accordance with the law, strictly adheres to all procedural norms.
 It is concluded that the role of a judge of the High Specialized Court is more important than the role of a judge of a court of general jurisdiction, as evidenced by additional requirements for candidates for a judge of a special court and the importance of requirements for highly specialized judges in general.

RASIONALISASI PENGADILAN AGRARIA DI INDONESIA SEBAGAI SOLUSI PENYELESAIAN SENGKETA AGRARIA BERKEADILAN

The realization of justice in the land sector is a constitutional mandate as stated in article 33 of the 1945 Constitution of Indonesia. However, until now there have been many violations and agrarian conflicts that have occurred which is said to be extraordinary because in them there are structural conflicts and are related to the economic capabilities of certain groups. In order to realize a fair judicial mechanism in overcoming agrarian conflicts, a special institution is needed. This research initiats the Agrarian Court as a special court that has the authority to examine, hear, and decide on agrarian conflicts. The establishment of the Agrarian Court is solely aimed at realizing justice, legal certainty, and benefits in resolving agrarian conflicts and as an independent law enforcement institution. The method used in this study is normative juridical with a statutory and conceptual approach.

Book Review: The Legal Legacy of the Special Court for Sierra Leone (2020), ISBN-13: 978-1107178311, by Charles C. Jalloh

This article reviews the book by Professor Charles C. Jalloh, <strong>The Legal Legacy of the Special Court for Sierra Leone</strong>, published in 2020 by Cambridge University Press. In this book, the author examines the “hybrid” international/national criminal tribunal, known as the Special Court for Sierra Leone (SCSL), which was created under a pathbreaking bilateral treaty between the United Nations (UN) and the country of Sierra Leone as a UN member state. Jalloh seeks to evaluate the contributions made by SCSL to the development of international criminal law. In particular, he assesses the scope and significance of SCSL legal contributions from its solutions to problems arising between its opening and the completion of its work in 2013, having to do with personal and temporal jurisdiction; gender crimes as crimes against humanity; recruitment of children as war crimes; head-of-state immunity; amnesty; and tensions between criminal tribunals and truth commissions. <strong>Keywords:</strong> ICTR; Kabbah, Ahmad Tejan; Liberia; Lomé Peace Agreement; Rome Statute; RUF; Sierra Leone civil war; Sierra Leonean law; SCSL appeals chamber, trial chambers, registrar's office, prosecutor's office, and defense office; Taylor, Charles; temporal jurisdiction; The Hague; Truth and Reconciliation Commission; United Nations (UN) Secretary-General, Security Council, and Resolution 1315

EKSISTENSI PENGADILAN PAJAK DALAM LINGKUNGAN PERADILAN TATA USAHA NEGARA

This study aims to find out and understand how the existence of the tax court in Indonesia and specifically the State Administrative Court. This writing begins with a review of Law No. 14 of 2002 concerning the Tax Court jo. Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures. Results and analysis reveal. The tax court as a special court is part of the exercise of judicial power and is within the State Administrative Court according to Law no. 48 of 2009 in conjunction with Law No. 51 of 2009. The tax court is not really within the State Administrative Court, even though the law has mandated that the tax court is a special court within the State Administrative Court.

Serving those who serve?: A critical assessment of the need for a veterans’ court or veterans’ list in Australia

ABSTRACT This article assesses the need for veterans’ courts or lists in Australia. While evidence suggests that former and returned service personnel are over-represented in criminal justice institutions, insufficient attention has been paid to the desirability and feasibility of a veterans’ court or list in Australia. In accordance with therapeutic jurisprudence principles, a specialist court such as this would divert eligible individuals from standard court processes into a track focused on treatment and rehabilitation. In this article, we assess the available data addressing veterans’ interactions with the criminal justice system and analyse the relevance of the overseas experience for Australia. We identify the considerations relevant to the establishment of a veterans’ court or veterans’ list and argue that a bespoke veterans’ justice pathway should be considered in order to enhance the responsiveness of the criminal justice system to the specific needs of returned service personnel, and to expand the scope of therapeutic approaches to crime in Australian jurisdictions.

UN-Backed Hybrid Criminal Tribunals (hcts): Viable Options in International Criminal Justice?

Abstract Although the UN-Security Council established the International Criminal Tribunals for the former Yugoslavia and Rwanda, UN-international criminal tribunals were not replicated. The UN instead directly participated in creating hcts such as the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon. Thus, this article seeks to determine whether UN-backed hcts constitute viable options in international criminal justice. These tribunals may be viable options if they are adequately implemented. Particularly when compared to UN-international criminal tribunals, reasons for their viability include their closer proximity to or larger impact on national societies, less costly work, shorter proceedings, and flexible mandates adapted to each context. Nevertheless, their viability depends on whether they can handle challenges concerning coordination between their international and national components, funding limitations, security issues, relationship with international criminal tribunals (especially the International Criminal Court), and relationship with national institutions.

Dalla giurisdizione della corte suprema alla competenza del tribunale speciale: la sfida del sistema giudiziario albanese contro la corruzione ad alto livello governativo

The Constitution of the Republic of Albania, adopted in 1998, provided that the Supreme Court had primary and cassation jurisdiction. Primary jurisdiction referred to the obligation attributed to this Court to judge at first instance, the most important figures of the political and judicial power. Although there is a perception of the corruption of the subjects of this jurisdiction, which was an exception to the right of the second instance court of law, the Supreme Court had not shown itself to be independent in the judicial processes of high-level officials. In 2016, when the constitutional reform of the judicial system in Albania was adopted, the provision that created hope for the fight against corruption at high levels of government was the establishment of the Special Tribunal against corruption and organized crime and the Special Investigative Structure (SPAK). The latter is required by the constitutional reform to independently investigate senior state officials, unlike what the Attorney General had done before the reform. The implementation of the reform, in this respect, is ongoing, however, yet has not been presented an outcome of the judicial reform, but what deserves attention is an analysis of the expectations of the Special Court, unlike the jurisdiction of the first instance of the Supreme Court. The question that arises is whether this constitutional change will transform the approach of the judicial system or will it remain yet another reform written on paper. The doubts, in this context, arise from the fact that five years have passed since the reform started and the challenge of defeating corruption and strengthening the rule of law still remains an illusion that it is expected to turn into delusion.

Judicial Specialisation Through the Prism of the Principle of a “Natural Court”: A Comparative Analysis

Background: In the current conditions of the intensive development of public relations and the complication of their legal regulation, more and more states are turning to the specialisation of the judiciary and judicial exercise. Thus, in Ukraine, it is established at the constitutional level that the judicial system in Ukraine is built on the principles of territoriality and specialisation, and higher specialised courts may operate in accordance with the law. In addition, the Constitution of Ukraine states that the establishment of extraordinary and special courts is not allowed. Art. 31 of the Law of Ukraine ‘On the Judiciary and the Status of Judges’ (2016) states that in the judicial system, there are higher specialised courts, such as courts of first instance for certain categories of cases. This category of court now includes the High Court of Intellectual Property and the High Anti-Corruption Court. However, there has been a heated debate in Ukrainian political circles about the constitutionality of the anti-corruption court, and accordingly, the subject of the constitutional petition questioned the number of provisions of the Law on the High Anti-Corruption Court and appealed to the Constitutional Court to declare the law unconstitutional. The Constitutional Court of Ukraine has initiated constitutional proceedings on this issue. Acquaintance with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a ‘special court’ (within the meaning of Part 6 of Art. 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the High Anti- Corruption Court. Methods: To find an objective answer to the existing conflict, it was necessary to clarify the legal nature of judicial specialisation and identify key features of the ‘special court’. To solve this problem, the authors turned to the theoretical and applied provisions of the principle of a natural court, which became the basis of the subject of this work. Results and Conclusions: In conclusion, this article argues for the idea of the unity and integrity of the judiciary. Common goals and tasks are assigned to the courts, regardless of their place in the judiciary and jurisdictional specialisation. Therefore, courts that are endowed with special goals and objectives, different from those of general courts, were assessed as special courts.

ПРИНЦИП СУДОВОЇ СПЕЦІАЛІЗАЦІЇ ЧЕРЕЗ ПРИЗМУ КОНЦЕПТУ ПРИРОДНОГО СУДУ

In the current conditions of intensive development of public relations and the complication of their legal regulation more and more states are turning to the institute of specialization of the judiciary organization and judiciary exercise. Thus, in Ukraine, it is established at the constitutional level that the judicial system of Ukraine is built on the principles of territoriality and specialization, additionally, higher specialized courts may operate in accordance with the law. Moreover, the Constitution of Ukraine states that the establishment of extraordinary and special courts is not allowed. In Art. 31 of the Law of Ukraine "On the Judiciary and the Status of Judges" (2016) it is stated that in the judicial system the higher specialized courts function as first instance courts for certain categories of cases. This category of courts currently includes the High Court of Intellectual Property and the High Anti-Corruption Court. However, a fierce debate evolved in Ukrainian political circles concerning the constitutionality of the anti-corruption court, and, accordingly, the subject of the constitutional petition questioned the number of provisions of the Law on the High Anti-Corruption Court and referred to the Constitutional Court to declare the law unconstitutional. The Constitutional Court of Ukraine has initiated the constitutional proceedings on this issue. The familiarization with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a "special court" (within the meaning of Part 6 of Article 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the High Anti-Corruption Court. In order to find an objective answer to the existing conflict, there appeared a necessity to clarify the legal nature of judicial specialization and to identify key features of the "special court". To solve such an applied issue, the author turned to the theoretical and applied provisions of the principle of natural court, that provided the grounds for the subject of this work.

Is the National Industrial Court (NIC) Still a Special Court? A Review of the Extra Luggage of Ancillary Jurisdiction of the NIC as a Disservice to Labour Justice

The legal struggle surrounding the identity and the constitutional status of the National Industrial Court (NIC) including the extent and scope of its jurisdiction has not been an easy combat since the creation of the court in 2006. Fortunately, the court has survived these questions which include whether the NIC is a superior court (not being a creation of the Constitution at the beginning) and whether it is the final court over certain appeals. At the moment, one of the most potent arguments is the philosophical postulation as to whether the NIC is properly vested with jurisdiction to hear and determine labour issues from extraneous occasions like discrimination, sexual harassment, child abuse and human trafficking having regard to the primary function of the court as a specialised court on industrial disputes with exclusive jurisdiction over labour matters. It is observed that the extended jurisdiction of the NIC is an extra luggage and not in the best interest of quick justice delivery in industrial matters in Nigeria given that the judicial divisions of the court are few and far between and the fact that the judges are appointed based on the special knowledge and experience on industrial relations and employment conditions. It is recommended that these extraneous non-labour matters have been consigned to regular courts, there is no need to overburden the NIC with them having regard to the complexity and peculiarity of the procedure required in the hearing of some of these non-labour issues if the objective of establishing the court still remains the effective and efficient justice delivery in industrial relations.

The Competition Appeal Court as a specialist court: The challenge of retaining judges

Competition law is about promoting competition in economic markets. It exists to prevent market distortion caused by anti-competitive conduct and practices. To help that process, policymakers have chosen competition law as one of the tools to promote that aim through the Competition Act 89 of 1998. The Competition Appeal Court (CAC) was created centrally to give effect to the aims of the Act. This article focuses on the CAC as a specialist court and considers how the challenge of retaining its judges in the long term can be overcome.

Bad Organizers Make Difficulty of Indonesia's Democracy in 2024 National Simultaneous Election

Election organizers in Indonesia are often seen as obstacles to the growth of democracy. The presence of election administrators has become a serious problem in the development of democracy in Indonesia. In fact, very high hopes are given to the election organizers as a pillar that will determine the growth of Indonesian democracy. The reason is simple: Indonesian democracy has failed in the past, partly because of the role of the election organizers. The New Order became an opaque record for Indonesian democracy when election administrators became an inseparable part of the authoritarian regime. Even in the early days of reform, the election organizers could not be proud of their work and even became one of the sources of the problem itself. So it is not surprising that the election organizers, namely the Komisi Pemilihan Umum - KPU (General Elections Commission), were asked to supervise their work by establishing the Badan Pengawas Pemilu - Bawaslu (Election Supervisory Body) in 2008. The results achieved did not make the democratization process through general elections better. The poor technical work of election administrators means that election administrators cannot be allowed to work maturely and maturely, but special courts must be prepared for their bad work. The birth of the election ethics body, namely the Dewan Kehormatan Penyelengggara Pemilu - DKPP (The Honorary Council of Election Organizers), shows that the election organizers, namely the KPU and Bawaslu, are doing quite badly in building the electoral process. The big concern is the difficulty of holding a dignified general election in the 2024 national simultaneous elections.

Approval of the new judicial map: A priority of the Albanian justice reform

The justice reform that was crowned in our country with constitutional and legal changes in 2016, aims to reorganize existing institutions in the field of justice and establish new constitutional institutions that aim to increase public confidence in more effective justice. One of the main normative acts that are part of the justice reform in Albania is the adoption of law no. 98/2016 “On the Organization of the Judiciary in the Republic of Albania”, which provides, inter alia, the approval of the new judicial map, based on the criteria and principles of territorial distribution of courts of general jurisdiction, courts of appeal and special courts, including administrative courts. Based on this normative act, it turns out that the new judicial map has not been finalized yet, which is approved by the Ministry of Justice in cooperation with the High Judicial Council. Related to the content of the new draft judicial map in the discussion process, the question that arises is whether “out of 22 courts of general jurisdiction of the districts, including six administrative courts of first instance, including six courts of appeal of general jurisdiction, which are supposed to be reorganized. in 12 courts of general jurisdiction, two administrative courts of first instance and one court of appeal of general jurisdiction “would it be a real opportunity to increase the quality of judicial activity, within a fair legal process? There is a postulate in jurisprudence that is “delayed justice is denied justice”. Based on this postulate, the new judicial map has urged the debate regarding the fact that the resolve of court proceedings as soon as possible, as well as the unification of case law due to the centralization of courts, should not jeopardize access to the parties and interest group for a fair and public process by a competent, independent and impartial tribunal established by law. The lack of resources in the judiciary, due to the vacancies with judges and prosecutors that are currently being created at all levels of the justice system, cannot serve as an excuse for the concentration of courts through a new judicial map without analysis of other social and economic factors, which, as we analyzed above, directly affect the delivery of a more efficient and effective justice than what we currently have.

Difficulty of Indonesia's Democracy in 2024 National Simultaneous Election

Election organizers in Indonesia are often seen as obstacles to the growth of democracy. The presence of election administrators has become a serious problem in the development of democracy in Indonesia. In fact, very high hopes are given to the election organizers as a pillar that will determine the growth of Indonesian democracy. The reason is simple: Indonesian democracy has failed in the past, partly because of the role of the election organizers. The New Order became an opaque record for Indonesian democracy when election administrators became an inseparable part of the authoritarian regime. Even in the early days of reform, the election organizers could not be proud of their work and even became one of the sources of the problem itself. So it is not surprising that the election organizers, namely the Komisi Pemilihan Umum - KPU (General Elections Commission), were asked to supervise their work by establishing the Badan Pengawas Pemilu - Bawaslu (Election Supervisory Body) in 2008. The results achieved did not make the democratization process through general elections better. The poor technical work of election administrators means that election administrators cannot be allowed to work maturely and maturely, but special courts must be prepared for their bad work. The birth of the election ethics body, namely the Dewan Kehormatan Penyelengggara Pemilu - DKPP (The Honorary Council of Election Organizers), shows that the election organizers, namely the KPU and Bawaslu, are doing quite badly in building the electoral process. The big concern is the difficulty of holding a dignified general election in the 2024 national simultaneous elections.

Women pioneers in the judiciary programme – supporting women judges and law students in Southern Africa

Most women in the judiciary and legal practice have no one to mentor them. Those potential mentors who are in senior positions are in court at the same time as the junior women are. The opportunity to empower each other (to bring about the achievement of equality, the empowerment of those previously disadvantaged, and the promotion of the rule of law and justice) is hard to find or create on an individual basis. Women who wish to share their experiences with others to empower them so that they can do the same for others can do so through programmes specifically designed by their associations to meet these objectives. This article explains what the South African Chapter of the International Association of Women Judges (SAC-IAWJ) has done over the years to empower women (those on the bench, those studying law, and those The Competition Appeal Court as a specialist court: in practice) and young people in general. The uniqueness of the various programmes lies not only in empowering women but also in instilling a sense of pride and acknowledging women and their contribution to the development of the law.

Judicial protection of environmental rights in the Russian Federation: constitutional and legal basis

The article deals with the problems of determining the nature of environmental rights and the procedure for their protection. The article presents an analysis of the constitutional provisions and norms of the current Russian legislation in the environmental sphere. It is noted that environmental offenses related to the failure of public authorities to fulfil their constitutional and legal obligations in the environmental field should be considered by courts of general jurisdiction according to the rules of administrative proceedings. The idea of creating a system of specialized environmental courts, expressed in science, has been criticized. It is proposed to involve an expert in the case of difficulties in the consideration of cases of environmental violations.

Sędziowie sądów specjalnych III Rzeszy i ich „zdrowe poczucie narodowe”

German lawyers jointly supported the National Socialist authorities, assuming that the law was Hitler’s will, resulting from the new criminal law being introduced, which violated the principles of nullum crimen sine lege and nulla poena sine lege. Judges of special courts (Sondergerichte) in the Third Reich applied criminal law according to a “healthy national sense” (das gesunde Volksempfinden), which usually meant heavy penalties, contrary to the elementary sense of justice. It was adopted as a rule that a crime is not only what is forbidden by regulations, but also everything that the authorities have not consented to. For any behaviour, even if not prohibited by law, the judges could sentence defendants to draconian punishments, at their “national discretion.” Law professors justified the lawlessness created in the Third Reich by claiming that it was a rule of law (Rechtsstaat). The criminal law for Poles and Jews of 1941 provided for the death penalty for all manifestations of “hostile attitude” towards the German occupier. Polish forced labourers in the Reich were punished with death for violations of discipline and disobedience to the German oppressors. Poles displaced from occupied Poland were assigned to work in enterprises and farms in the Reich. The special court in Breslau sentenced to death a Pole who defended his pregnant beloved woman, forced to work beyond her strength and abused by the German housewife, as well as the unfortunate woman herself. The same court sentenced a Pole to death for trying to protect his 13-year-old son from a German farmer, who was forcing the child to perform work he was physically unable to carry out. Special-court judges continued their professional careers in West Germany after the war and did not bear any responsibility for their crimes.