Supreme Court Decision Research Articles

국가배상청구소송에서 “객관적 정당성” 존부 판단의 최근 동향과 전망

The Supreme Court Decision 2018Da212610, August 30, 2022(“The Decision”) has garnered attention not only for its conclusion but also for its specific contents and methodology regarding the judgment of “objective justification criteria.” This article sheds light on the possibility of developments in “Objective Justification Criteria” in State Compensation Lawsuits, centering on the analysis of precedents before and after “The Decision”. This article divides Supreme Court’s state compensation cases before and after “The Decision” into those that scrutinize the judgment of “objective justification” and those that do not and confirms whether there have been substantive changes of legal doctrine in judging state compensation liability. Additionally, This article examines Seoul High Court Decision 2016Na2086563, February 6, 2024 which is a landmark judgment in “Humidifier Disinfectant” cases, centering on the similarity as “The Decision” and the possibility of development of legal doctrine in state compensation lawsuits. In conclusion, this article emphasizes the need of examination whether the speciality of legal doctrine and methodology of “The Decision” could be extended in cases such as “safety management obligations of state” cases, like “Humidifier Disinfectant” case and “Itaewon” case.

- The Death Penalty in the Context of Human Rights (A Study of Supreme Court Decision Number 3083 K/PID.SUS/2022

Every human being has Human Rights (HAM) as a creature of God whose existence and dignity must be supported and respected. When faced with human rights, the death penalty in Indonesia in narcotics crime cases always raises pros and cons. The formulation of the problem of this article is whether the imposition of the death penalty against narcotics offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 is in accordance with human rights principles. The method used is normative juridical by analyzing laws and regulations in relation to applicable norms and data collection using the literature method. The result is that the judex facti's decision is not contrary to the law, so the defendant's cassation is rejected, because the actions of the perpetrator will greatly disturb the community and disturb the next generation if children and adolescents fall into the use of narcotics. The conclusion is shows that the death penalty for drug offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 in Indonesia is contrary to the right to life stipulated in Article 6 of the 1966 International Covenant on Civil and Political Rights, but is in accordance with Indonesian positive law, namely Law No. 35 of 2009 concerning Narcotics.

Abortion Provision and Delays to Care in a Clinic Network in Washington State After Dobbs

The Supreme Court decision Dobbs v Jackson Women's Health Organization (Dobbs) overturned federal protections to abortion care and altered the reproductive health care landscape. Thus far, aggregated state-level data reveal increases in the number of abortions in states where abortion is still legal, but there is limited information on delays to care and changes in the characteristics of people accessing abortion in these states after Dobbs. To examine changes in abortion provision and delays to care after Dobbs. Retrospective cohort study of all abortions performed at an independent, high-volume reproductive health care clinic network in Washington state from January 1, 2017, to July 31, 2023. Using an interrupted time series, the study assessed changes in abortion care after Dobbs. Abortion care obtained after (June 24, 2022, to July 31, 2023) vs before (January 1, 2017, to June 23, 2022) Dobbs. Primary outcomes included weekly number of abortions and out-of-state patients and weekly average of gestational duration (days) and time to appointment (days). Among the 18 379 abortions during the study period, most were procedural (13 192 abortions [72%]) and funded by public insurance (11 412 abortions [62%]). The mean (SD) age of individuals receiving abortion care was 28.5 (6.44) years. Following Dobbs, the number of procedural abortions per week increased by 6.35 (95% CI, 2.83-9.86), but then trended back toward pre-Dobbs levels. The number of out-of-state patients per week increased by 2 (95% CI, 1.1-3.6) and trends remained stable. The average gestational duration per week increased by 6.9 (95% CI, 3.6-10.2) days following Dobbs, primarily due to increased gestations of procedural abortions. The average gestational duration among out-of-state patients did not change following Dobbs, but it did increase by 6 days for in-state patients (5.9; 95% CI, 3.2-8.6 days). There were no significant changes in time to appointment. These findings provide a detailed picture of changes in abortion provision and delays to care after Dobbs in a state bordering a total ban state. In this study, more people traveled from out of state to receive care and in-state patients sought care a week later in gestation. These findings can inform interventions and policies to improve access for all seeking abortion care.

Where Exactly are all the First Nation Businesses?

The Yukon has one of the fastest growing, albeit smallest, economies in Canada, with an increasing population and a tight labour market. Modern treaties and self-government agreements have empowered First Nations government and Supreme Court decisions and treaty rights secured Indigenous governments a significant place in the resource sector. Yet Yukon First Nation businesspeople are not yet benefiting fully from this positive political and economic situation. This paper explores the underrepresentation of the Yukon First Nation businesspeople in the economy through an exploration of the available data from the Yukon business survey, census of Canada self-employment data and a new national program at Statistics Canada that is working to better define the presence of Indigenous businesses within the national economy. The research shows that work still needs to be done to better support the development of Indigenous businesspeople as they strive to break through the barriers that have left on the margins of the northern economy.

We Might Have a Sports Gambling Problem and It Is Not What You Think: A Commentary.

The 2018 Supreme Court decision on Murphy v. National Collegiate Athletic Association brought not only a change in the United States commercial gambling landscape, but also considerable speculation across public forums about whether expanded sports gambling causes new, distinct, and greater harm than existing legal forms of gambling. This commentary brings into the focus that the definition of this form of gambling has recently begun to shift without a theoretical basis or empirical evidence. To bring evidence to bear, there is a need for a precise operational definition of sport gambling and greatly clarity to the questions that can drive knowledge generation.

PERKAWINAN BEDA AGAMA PASCA SEMA NO.2 TAHUN 2023 (Analisa Yuridis Sosiologis Perkawinan Beda Agama di Indonesia)

A small number of marriages of different religions in Indonesia are carried out because they have received court approval. The reason used as a basis is because religion is an absolute right of every person that cannot be forced and marriage is a citizen's right guaranteed by the State. This reason encourages researchers to study the problems of interfaith marriages mentioned above. The research method currently being carried out is library research, namely research that applies a conceptual approach by expressing various opinions of legal experts regarding marriage between people of different religions. The results of the research show that inter-religious marriages have two different interpretations: first, the marriage is declared valid and can be carried out based on 4 grounds, namely: 1) interpretation of the Marriage Law article 2, that marriages of different religions may be carried out, 2) The reason for submission is based on Supreme Court decision Number. 1400 of 1986, 3) Article 35 of the Adminduk Law, and 4) based on the reason that people whose marriages are not registered at the KUA, can be allowed to be united in one family and have a KTP with marital status written on it, as per the regulations in the Minister of Home Affairs Regulation No. 9 of 2016. Second, some reject interfaith marriages based on: 1) Article 2 of Law no. 1 of 1974 (with the interpretation that marriage must be of the same religion), 2) Article 4 of the KHI which prohibits marriages other than Muslims, 3) MUI Fatwa No. 4 of 2005, 4) Results of NU Congress No. 28 of 1989 and Tarjih Muhammadiyah No. 22 of 1989, 5) MK no. 56/PUU-XV/2017.

High variability in self-pay pricing for vasectomy and vasectomy reversal in the United States.

In the United States (US) men who undergo vasectomy and/or vasectomy reversal (vasovasotomy) are likely to pay out-of-pocket for these procedures. We characterized the publicly disclosed pricing of both procedures with a focus on variability in self-pay prices. We queried all US hospitals for publicly disclosed prices of vasectomy and vasovasotomy. We assessed interhospital variability in self-pay pricing and compared hospitals charging high (≥75th percentile) and low (≤25th percentile) self-pay prices for either procedure. We also examined trends in pricing after the 2022 US Supreme Court decision that allowed individual states to ban abortion. Of 6692 hospitals, 1375 (20.5%) and 281 (4.2%) disclosed self-pay prices for vasectomy and vasovasotomy, respectively. There was a 17-fold difference between the 10th and 90th percentile self-pay prices for vasectomy ($421-$7147) and a 39-fold difference for vasovasotomy ($446-$17,249). Compared with hospitals charging low (≤25th percentile) self-pay prices for vasectomy or vasovasotomy, hospitals charging high (≥75th percentile) prices were larger (median 150 vs. 59 beds, p < 0.001) and more likely to be for-profit (31.2% vs. 7.8%, p < 0.001), academic-affiliated (52.7% vs. 23.1%, p < 0.001), and located in an urban zip code (70.1% vs. 41.3%, p < 0.001). From October 2022 to April 2023, the median self-pay price of vasectomy increased by 10% (from $1667 to $1832) while the median self-pay price of vasovasotomy decreased by 16% (from $3309 to $2786). We found large variability in self-pay pricing for vasectomy and vasectomy reversal, which may serve as a barrier to the accessibility of male reproductive care.

The end of court-ordered desegregation and US children's health: quasi-experimental evidence.

School racial segregation significantly affects racial disparities in US children's health. Recently, school segregation has been increasing, partially due to Supreme Court decisions since 1991 that have made it easier for school districts to be released from court-ordered desegregation. We investigated the association of the end of court-ordered desegregation with child health, using the 1997-2018 waves of the National Health Interview Survey (n = 8182 Black children; n = 16 930 White children). We exploited quasi-random variation in the timing of school districts' releases from court orders to estimate effects on general health, body weight, mental health, and asthma, using difference-in-differences and event-study methods (including traditional and heterogeneity-robust estimators). Heterogeneity-robust difference-in-differences analyses show that release was associated with increased school segregation, improved mental health among Black children, and better self-reported health among White children. For heterogeneity-robust event-study analyses, school segregation increased steadily over time after release, with worse self-reported health and higher risk of asthma episodes among Black children aged 18 years or older after release. Black children's mental health temporarily improved in the short term. In contrast, White children had improved self-reported health, mental health, and risk of asthma episodes in some years. Interventions to address the harms of school segregation are important for reducing racial health inequities.

LARANGAN PERKAWINAN BEDA AGAMA MENURUT MAHKAMAH AGUNG DALAM SEMA NOMOR 2 TAHUN 2023

Interfaith marriages are not something new for multicultural Indonesian society. Interfaith marriages are common in society and have been going on for a long time. However, this does not mean that interfaith marriages are not problematic by society. In fact, the Marriage Law in Article 2 paragraph (1) determines that marriage is valid if it is carried out according to the laws of each religion and belief. From the Indonesian Conference on Religion and Peace, it was recorded that 1,425 couples of different religions were married in Indonesia in the period from 2005 to early March 2022, this made the Supreme Court finally issue a decree prohibiting interfaith marriages with Circular Letter (SEMA) Number 2 of 2023. The purpose of this writing is to 1) analyze the legality of interfaith marriages according to positive law in Indonesia and 2) analyze the effectiveness of the Supreme Court's decision in SEMA Number 2 of 2023. The conclusion obtained from this writing is that even though Article 8 of Law Number 12 of 2011 concerning the Establishment of Legislative Regulations states that the existence of regulations stipulated by the Supreme Court (SEMA) is recognized and has binding legal force, however, many people think that SEMA is in conflict with the Population Administration Law which does not prohibit the registration of interfaith marriages. SEMA Number 2 of 2023 does not necessarily eliminate interfaith marriages, because if we review their effectiveness, this will return to the awareness of each community.

Individual and regional differences in the effects of school racial segregation on Black students’ health

BackgroundSchool racial segregation in the US has risen steadily since the 1990s, propelled by Supreme Court decisions rolling back the legacy of Brown v. Board. Quasi-experimental research has shown this resegregation harms Black students' health. However, whether individual or family characteristics (e.g., higher family incomes) are protective against segregation's health harms—or whether segregation is more damaging in regions of the US with fewer public sector investments—remains unclear. We leverage the quasi-random timing of school districts being released from Brown-era integration plans to examine heterogeneity in the association between resegregation and Black students' health. Methods & findingsWe took an instrumental variables approach, using the timing of integration order releases as an instrument for school segregation and analyzing a pre-specified list of theoretically-motivated modifiers in the Panel Study of Income Dynamics. In sensitivity analyses, we fit OLS models that directly adjusted for relevant covariates. Results suggest resegregation may have been particularly harmful in the South, where districts resegregated more quickly after order releases. We find little evidence that the effects of school segregation differed across family income, gender, or age. ConclusionThe end of court-ordered integration threatens the health of Black communities—especially in the US South. Modestly higher incomes do not appear protective against school segregation's harms. Research using larger samples and alternative measures of school segregation—e.g., between districts, instead of within districts—may further our understanding of segregation's health effects, especially in Northern states.

Masa Enam Bulan Berpisah Tempat Tinggal Sebagai Syarat Formil Pengajuan Perceraian dengan Alasan Pertengkaran: Studi Putusan Mahkamah Agung No 421 K/Ag/2023)

From a jurisprudence perspective, there is no requirement for a long period of separation between husband and wife to carry out a divorce for reasons of quarrels and disputes. This research aims to analyze the six month period of separation of residence between husband and wife as a formal requirement in filing for divorce on the grounds of quarrels and disputes as stated in the consideration of Supreme Court Decision No. 421 K/AG/2023. What is the real reason and aim of the judge in requiring the 6 month period, so that the Supreme Court's decision has canceled the decision of PA Tegal No. 312/Pdt.G/2022/PA.Tg and PTA Semarang decision no. 334/Pdt.G/2022/PTA. SMg. This research is normative legal research, using secondary data sourced from primary legal materials and secondary legal materials. Primary legal material was obtained from the Supreme Court Decision, PTA Semarang and PA Tegal Decisions, while secondary legal material was obtained from fiqh books and Supreme Court Circulars. The results of the research show that the judge's reasons for requiring a six-month period of separation between husband and wife as a formal condition for filing a divorce due to arguments are based on the new provisions contained in SEMA No. 1 of 2022 which confirms that divorce cases are based on ongoing disputes and quarrels. can be granted if it is proven that the husband/wife has had continuous disputes and quarrels or separated residences for at least 6 (six) months. This judge's decision is considered aimed at increasing family resilience and making it more difficult for divorce to occur in society, which is part of the principles of marriage.

Automated Citation Analysis and Visualization for Supreme Court Judgements

This paper proposes an innovative method for facilitating access to Supreme Court decisions through citation analysis. Leveraging natural language processing tools like the Gensim and NLTK libraries, our approach retrieves relevant documents and paragraphs from two distinct datasets: one representing current judgments and the other serving as a reference corpus. Through comprehensive testing and evaluation, we validate the reliability and efficacy of our methodology in extracting pertinent judgments. Our findings underscore how this system can streamline legal research, providing users with valuable insights and credible sources to bolster their analyses and arguments. Additionally, we discuss future research avenues and potential applications, underscoring the significance of citation analysis in legal information retrieval systems.

Social Media News as a Predictor of Sports Gambling Salience, Attitudes, and Behaviors in the United States

Gambling has become a more prominent aspect of American sports culture after the 2018 United States Supreme Court decision offered in Murphy v National Collegiate Athletic Association that rendered the Professional and Amateur Sports Protection Act (PASPA) unconstitutional. A secondary analysis of 2022 PEW American Trends Panel (ATP) data ( N = 3900) explores social media news exposure and satisfaction as predictors of the salience of, attitudes toward, and behavioral engagement with sports gambling. Social media news exposure and satisfaction do not predict individual-level salience of the expanded legalization of sports betting. However, social media news exposure and an individual’s satisfaction with news content on X, Facebook, and YouTube positively predict feelings that sports betting is good for society and sports culture. Social media news exposure positively predicts sports gambling behaviors. A broader media effects research agenda pertaining to sports gambling is outlined based on these findings.

The effects of post-Dobbs abortion bans on fertility

The U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization sparked the most profound transformation of the landscape of abortion access in 50 years. We provide the first estimates of the effects of near-total abortion bans on fertility using a pre-registered synthetic difference-in-differences design applied to newly released provisional natality data for the first half of 2023. The results indicate that states with abortion bans experienced an average increase in births of 2.3 percent relative to if no bans had been enforced.

Decision Analysis on the Default Lawsuit Against the Tri Handayani Boutique Investment Contract, Supreme Court Decision NO. 13/PDT.G/2023/PN LGS

Cases of default in an investment contract are an event that often occurs in Indonesia. Default is a condition where one party in a contract cannot fulfill some or all of the provisions stated in the contract. Default events require a more in-depth explanation so that we can easily understand all aspects of a default event. In Decision No. 13/Pdt. G/2023/PN Lgs, it is clear that incidents of default still occur frequently in Indonesia. Default can cause losses in both material and immaterial forms to the victim. Therefore, the author's aim in conducting this analysis is to provide an in-depth understanding of default in Indonesia.

Importance of abortion training to United States Obstetrics and Gynecology residency applicants in 2023

ObjectiveNearly half of obstetrics and gynecology (OB/GYN) residency programs in the United States lost access to local training in abortion care following the 2022 Dobbs v Jackson Supreme Court decision. We aimed to determine whether OB/GYN residency candidates who desire abortion training apply to programs in states where abortion is restricted/banned. Study designIn 2023, we conducted an anonymous electronic survey of residency interviewees at three large academic OB/GYN programs about the importance of various program characteristics in their selection process. We chose to represent both very restrictive and protective environments for abortion care. We stratified respondents by importance of abortion training in applying to programs (essential or very important [high preference group] vs moderately, slightly, or not important [low preference group]). ResultsWe analyzed 175 completed surveys (response rate 56%). Of 175 respondents, most (n = 115, 66%) stated that access to abortion training was essential (33%) or very important (33%) when applying to programs. Both high preference group (82%) and low preference group respondents (98%) applied in states where abortion is banned or restricted. Respondents applied in banned/restricted states due to geography, concern about applying to too few programs, and expectation that the program would provide out-of-state training nonetheless. ConclusionThe majority of survey respondents who reported that access to abortion training during residency is essential or very important applied to programs where abortion training is not locally available. Most of these applicants expected programs in restricted states to provide training regardless. ImplicationsResidency programs should be aware of the importance of abortion training to applicants, as well as abortion training expectations, and work to develop opportunities and strengthen training networks in abortion care to meet candidates’ needs and ensure adequate learning opportunities exist for all.

Beneath the Sword of Damocles: Moral Obligations of Physicians in a Post-Dobbs Landscape.

Since the U.S. Supreme Court's decision in Dobbs vs. Jackson Women's Health Organization, a growing web of state laws restricts access to abortion. Here we consider how, ethically, doctors should respond when terminating a pregnancy is clinically indicated but state law imposes restrictions on doing so. We offer a typology of cases in which the dilemma emerges and a brief sketch of the current state of legal prohibitions against providing such care. We examine the issue from the standpoints of conscience, professional ethics, and civil disobedience and conclude that it is almost always morally permissible and praiseworthy to break the law and that, in a subset of cases, it is morally obligatory to do so. We further argue that health care institutions that employ or credential physicians to provide reproductive health care have an ethical duty to provide a basic suite of practical supports for them as they work to ethically resolve the dilemmas before them.

Legal Safeguards for Owners of Untapped Foreign Brands Under Indonesia's First-to-File Principle

This study examines the risks associated with unregistered trademarks, particularly in the context of Indonesia's adherence to the First To File principle. Employing normative methods with a statistical and statutory approach, data was gathered from Supreme Court Decision and DGIP Brand websites to identify potentially problematic and non-problematic brands. Results reveal three layers of legal protection for foreign brand holders outlined in TRIPS regulations, the Paris Convention, and Law no. 20 of 2016, each with its own limitations. Moreover, the study delineates two forms of legal safeguarding for brands: preventive measures through regulatory frameworks and repressive actions via sanctions for infringements. These findings underscore the importance of registering trademarks for robust protection, emphasizing the need for comprehensive legal strategies to mitigate risks for brand owners in the global marketplace. highlights : The study elucidates the vulnerabilities associated with unregistered trademarks within the framework of Indonesia's First To File principle. It identifies and examines the legal safeguards available to foreign brand holders under TRIPS regulations, the Paris Convention, and Indonesian Law no. 20 of 2016. The research underscores the significance of comprehensive legal strategies, including preventive measures and repressive actions, to protect brand owners in the global marketplace. Keywords: Unregistered trademarks, Legal protection, Brand ownership, Intellectual property rights, First To File principle.

Trends in Female Sterilization Since Dobbs v. Jackson at an Academic Institution [ID 2683460

INTRODUCTION: The Dobbs v. Jackson United States Supreme Court decision, issued June 24, 2022, fundamentally altered options for addressing unintended pregnancy. This curtailing of access to abortion care may be an inflection point in how individuals capable of becoming pregnant select contraceptive options. We hypothesize that in the immediate wake of the Dobbs v. Jackson decision, those undergoing surgical sterilization will be younger in age and more likely to be nulliparous. METHODS: This was a retrospective chart review study. IRB approval was obtained for the study. Using CPT codes, we utilized Epic to identify all patients undergoing surgical sterilizations at an academic, tertiary care hospital during the 12 months preceding the Dobbs decision (June 24, 2021 to June 24, 2022) and the 12 months immediately after the Dobbs decision (June 25, 2022 to June 25, 2023). Charts were reviewed for age, insurance status, highest level of education, gravidity, parity, and type of sterilization procedure, as well as time between request for and completion of surgical sterilization. RESULTS: In the 12 months after the Dobbs v. Jackson decision, individuals undergoing female surgical sterilization via salpingectomy or tubal occlusion had a lower mean age and lower mean parity compared to those undergoing sterilization in the 12 months preceding Dobbs. CONCLUSION: This study demonstrates that, since the Dobbs v. Jackson decision, individuals seeking female surgical sterilization are younger and less likely to be multiparous. This implies that as access to abortion care in the United States becomes more tenuous, those who seek female surgical sterilization procedures as contraception are younger and lower parity individuals.

DECISION OF MA 3180/K / PDT/2019 (LEGAL ANALYSIS OF THE SALE AND PURCHASE OF JOINT PROPERTY PRE-DIVISION BY THE TEMPORARY LAND DEED OFFICER)

As stated in Article 36 of Law No. 1 of 1974 respecting joint marriage, any spouse may operate on joint property with a permission. Investigating Supreme Court decision number 3180 K/PDT/2019—which deals with the sale and purchase of undivided joint property in the presence of the temporary land deed officer (PPAT)—and its legal implications is the goal of this research. This study uses conceptual, case, and legislative methods, and it is normative in character. Primary and secondary sources of law are consulted. Legal material analysis is an approach that uses a procedure that is prescriptive. In accordance with the results of the investigation, it is illegal for the PPAT to have issued a deed of sale and purchase and for M.Uzer and Deslina to have sold shares without Herlina's knowledge or approval. Given that the property being sold is still jointly owned, the sale and purchase are declared unlawful according to MA RI No. 701K/PDT/1997. As a consequence, the deed of sale and purchase is legally flawed, and the Certificate of Property Rights in Deslina's name is no longer enforceable.