Waiver Of Rights Research Articles

PERLINDUNGAN HUKUM BAGI PEMILIK TANAH ATAS PEMBATALAN SERTIFIKAT OLEH PENGADILAN TATA USAHA NEGARA (PTUN) YANG BERASAL DARI TANAH ADAT TANPA ADANYA PELEPASAN HAK.


 
 
 
 Landowners face serious challenges when their land titles are annulled by the Administrative Court (PTUN) rooted in customary lands. In the course of this law, the main focus is the right of ownership, the existence of landowners, and the influence of customary land. Without a clear waiver of rights, this legal complexity calls into question the existence and right of ownership of the landowner. In this context, a legal and ethical obligation arises to protect the rights of landowners, especially those from indigenous lands, answer the call of legal protection, and ensure justice and equality before the law. The method used in this research is normative juridical legal research, which was carried out as an effort to obtain the necessary data regarding the problem. The data used is primary data as supporting legal material for secondary data. Data analysis was carried out using qualitative analysis methods. The result of this study is that landowners are at risk of losing legal certainty and protection if their certificates are canceled by the Administrative Court, especially related to customary land without a clear waiver of rights. The cancellation requires the revocation of the certificate, resulting in the inability of the certificate holder to physically control the land and cause harm to all parties, according to the theory of the consequences of Soeroso law and the legal protection of landowners related to the cancellation of certificates by the court from customary land without waiver involving the settlement of land disputes. Generally, land disputes can be resolved through customary deliberations, led by Adat Para-Para, or through a court in the settlement of land cases.
 
 
 

The Settlement in Thermage Facelift Dispute: Mutual Concessions and Waiver of Rights in Settlement Agreements

The Settlement in Thermage Facelift Dispute: Mutual Concessions and Waiver of Rights in Settlement Agreements

Land Bank as Land Provision Agency in Land Procurement for Public Interest

The idea of creating regulations about Land Bank is getting stronger by seeing many problems regarding the land supply for development for the public interest. The enactment of Law Number 11 of 2020 concerning Job Creation is the basis for the establishment of the Land Bank Agency. The mandate of Article 33 paragraph (3) of the 1945 Constitution and Article 2 of Law Number 5 of 1960 concerning Basic Agrarian Principles says that the State has the authority to control, regulate, and organize the allotment of land, water, and natural resources contained therein for the people greatest prosperity. However, the availability of land amount is not proportional to the massive development by people and the government conduce in land price fluctuations. Moreover, the absence of a land operator role hinders infrastructure development for the public interest. The purpose of this study is to reveal the legitimacy of the Land Bank Agency in land procurement for development in the public interest after the enactment of Omnibus Law and to describe land acquisition by the Land Bank Agency. The doctrinal research method is used in this study. Approach methods that are used in this study are the statute and conceptual approaches. It was found that the legitimacy of the Land Bank Agency is a form of the authority of the State Right to Control over Land which carries out functions as a land manager and guarantees the availability of land in for the public interest so that the Land Bank Agency can act as an agency that requires land in land acquisition for development for the public interest. The acquisition of land by Land Bank Agency is carried out through government determinations and through a waiver of rights.

PENERAPAN AZAS GOOD GOVERNANCE DALAM PEMBATALAN SERTIPIKAT HAK MILIK BERDASARKAN PUTUSAN PTUN NO: 68/G/2019/PTUN-BDG

The problem that occurs is that there is a TUN Court decision which states that the authentic and strongest proof of ownership of land rights in the form of a certificate on land is canceled by a weak/underhanded proof of land ownership in the form of a letter of waiver of rights (SPH), the factor is related to BPN/Official The State Administration in issuing its products does not pay attention to AUPB / Good Gavernance then the next problem is the existence of obstacles in executing it by TUN officials and by the certificate owner by taking a silent attitude / not withdrawing the certificate which was canceled by the Court and blocking the land by the interference defendant to controlled by the plaintiff. The method used by the author uses normative legal research methods and data methods that use qualitatively the Bandung State Administrative Court decisions, etc. AUPB for TUN officials is a necessity in order to maintain the cancellation of certificates/decisions, this shows a lack of supervision to BPN TUN officials and lacks firmness in setting sanctions.
 Keywords : Good governance; Freehold Title; PTUN

Error analysis in big data analysis

Practice errors in medicine are among the situations that disrupt patient-physician communication, reduce work efficiency, and eventually lead to the formation of an atmosphere of distrust. Various aspects of the subject have been examined in the symposiums we have held with Prof Dr. Ethem Geçim for 14 years. We shared our information at medikolegalduzlem.com. Big Data analysis is important in system audits. It is inevitable to reach erroneous results if the data belonging to these are made carelessly and negligently. The main problems encountered in big data analysis are: 1. Dependency: Computer dependency is at the forefront of algorithm and process monitoring. 2. Chaotic situation: The problem of systematic change is observed in the supervised learning machine. In the unsupervised learning machine, the definition of the identity of grouping is problematic. In the learning machine system of the reward-punishment system, there is a case study based on random data, not systematic. It is very difficult to reach an inductive conclusion from this situation. There is absolutely a need to organize a constant, standard data flow. 3. Loss of control: Steps that need to be checked are skipped in big data monitoring. Injustice occurs. 4. Waiver of rights: The expert is content with the data given by the machine as a dependent. There is a problem with the development of innovative processes. In that case, it is useful to pay attention to the following points in the regulation on data ethics: 1. Identity: In the big data analysis of the expert, it is important to classify and group the personal data and to accept it in court. In this respect, it is necessary to control whether the expert is legitimate, sufficient, and effective. 2. Confidentiality: The problem of privacy of the person being examined is important. The approach of the telemedicine application, which we call image-based analysis, to this problem is subject to legal and ethical evaluation. 3. Ownership: There are inadequacies in the regulation of the infrastructure applied in the field of health. The purchase of each tool and its accessible application also needs regulation. 4. Reputation: Audit problematic of non-standard practices of practitioners is evident. As a result, there is a need to evaluate error definition, error measurement, error effect, and error tolerability in big data analysis.

Juridical Analysis Of The Application Of The Guarantee Article Does Not Cross Disputes In The Deed Of Waiver With Compensation (Study Decision No. 1016 K / PDT / 2015)

This study aims to analyze the juridical application of the guarantee article not cross-disputed in the deed of waiver with compensation (Study Decision Number 1016 K / Pdt / 2015). The transfer of land rights is the activity of releasing the legal relationship between the holder of land rights and the land he controls by providing compensation on the basis of deliberation. The method used in this study is the legal research method. The results showed that the analysis of the Supreme Court decision number 1016K / Pdt / 2015 relating to the application of the non-cross-dispute guarantee article in the deed of waiver of rights with compensation is correct. Inhis judgment, the judge stated legally that the Deed of Waiver with Compensation Number 22 to 30 each dated November 2004 was made before Notary H. Achmad, S.H., (Notary in Medan). And the factthat each dated November 9, 2004 which has been legalized by H. Achmad, S.H., (Notary in Medan) is valid and has binding legal force, while the Letter of Disclosure of Land Rights with Compensation dated July 14, 2005 is legally defective and has no legal force.

Legal Protection of PPAT-Notary in Making A Deed Based on False Information of Parties

The focus of this research has the following objectives: (1) legal certainty over the deed and the notary's responsibility for false statements of the parties; (2) legal protection for PPAT notaries who make a deed of sale and purchase based on false information from the parties. (3) an example of the waiver of rights if it turns out that there are false statements from the parties in accordance with article 51 paragraph 2 of the Criminal Code. This study uses a normative juridical research method, with the collection of literature study data, and the theory used is Hans Khelsen's Theory of Legal Protection. The results of the study conclude: (1) A notary deed will not have legal certainty if the notary as a public official (openbaar ambtenaar) who is authorized to make an authentic deed does not make a deed in accordance with applicable regulations or is carried out against the law. (2) Legal protection for a PPAT notary who makes a deed of sale and purchase based on the parties' false information is only based on the right of denial and good faith of the notary himself, if the notary does not have good faith, then the right of refusal does not apply. (3) Waiver of rights if it turns out that there is false information from the parties in accordance with Article 51 paragraph 2 of the Criminal Code, if the notary participates in the false information, then the notary cannot be free from punishment. Suggestions put forward: (1) The Public Prosecutor should add the related article into a claim in Article 264 Paragraph (1) in conjunction with Article 55 Paragraph (1) and 56 Paragraph (1) and Paragraph (2) of the Criminal Code. And there should also be a claim against the party who ordered to do this forgery and use this fake deed so that justice is truly served. (2) The Notary should be able to refuse requests from the appearers that are not in accordance with the provisions of the legislation, this is also a form of prudence of a Notary in order to avoid legal problems that will harm later. (3) Notaries should have and have good intentions to account for their actions.

Legal Protection of PPAT-Notary in Making A Deed Based on False Information of Parties

The focus of this research has the following objectives: (1) legal certainty over the deed and the notary's responsibility for false statements of the parties; (2) legal protection for PPAT notaries who make a deed of sale and purchase based on false information from the parties. (3) an example of the waiver of rights if it turns out that there are false statements from the parties in accordance with article 51 paragraph 2 of the Criminal Code. This study uses a normative juridical research method, with the collection of literature study data, and the theory used is Hans Khelsen's Theory of Legal Protection. The results of the study conclude: (1) A notary deed will not have legal certainty if the notary as a public official (openbaar ambtenaar) who is authorized to make an authentic deed does not make a deed in accordance with applicable regulations or is carried out against the law. (2) Legal protection for a PPAT notary who makes a deed of sale and purchase based on the parties' false information is only based on the right of denial and good faith of the notary himself, if the notary does not have good faith, then the right of refusal does not apply. (3) Waiver of rights if it turns out that there is false information from the parties in accordance with Article 51 paragraph 2 of the Criminal Code, if the notary participates in the false information, then the notary cannot be free from punishment. Suggestions put forward: (1) The Public Prosecutor should add the related article into a claim in Article 264 Paragraph (1) in conjunction with Article 55 Paragraph (1) and 56 Paragraph (1) and Paragraph (2) of the Criminal Code. And there should also be a claim against the party who ordered to do this forgery and use this fake deed so that justice is truly served. (2) The Notary should be able to refuse requests from the appearers that are not in accordance with the provisions of the legislation, this is also a form of prudence of a Notary in order to avoid legal problems that will harm later. (3) Notaries should have and have good intentions to account for their actions.

Соотношение понятий «отказ от субъективного права» и «ограничение права» в российском уголовном процессе

Relevance. In domestic legal science in general, and in the theory of criminal procedure in particular, there is no unity of views on the relationship between the concepts of "restriction of rights" and "waiver of rights". Meanwhile, the study of the issue of conjugation of these concepts is important, because in the conditions of the initially unequal position of the individual and the state represented by officials and bodies, the possibility of using coercion by them, which is especially clearly manifested in the field of criminal proceedings, the confusion of these concepts and their unjustified substitution are fraught with illegal infringement of the rights and freedoms of the individual, possible abuses by officials conducting criminal proceedings. These circumstances necessitate a scientific understanding of the problem of the relationship between the restriction of the rights and freedoms of the individual and the rejection of subjective rights. Purpose - to study the relationship between the concepts of "restriction of rights" and "waiver of rights" in the domestic doctrine of criminal procedure law. Objective. To achieve the stated goal, the authors study the concept of limitation of law and refusal of subjective law in criminal proceedings, which are available in the domestic doctrine of law, based on the signs of these two legal phenomena, and identify their relationship. Methodology. The research is based on the universal dialectical method of scientific knowledge and general scientific methods based on it (analysis, synthesis, induction, deduction), as well as specific scientific methods of cognition (formal-logical, formal-legal, etc.). Results. Authors formulated the concepts of "restriction of rights in criminal procedure " and "waiver of rights in criminal procedure". Conclusion. Restriction of rights and waiver of rights are independent legal phenomena that have different legal nature and purpose.

A Negotiated Instrument: Proposing a Safer Contract for Consumers (And Not Just a Smarter One)

In this piece, I propose a new standard for determining what constitutes assent, as a matter of contract formation, within the domain of electronic consumer contracting. In my formulation, the threshold test should reject the “take-it-or-leave-it” arrangement dominant in the marketplace and reified by recent proposals before the American Law Institute (“ALI”) under the moniker “blanket assent.” It should do so in favor of a default rule that would require any electronic form proposing contract terms to permit at least a minimal amount of negotiation around terms seeking waiver of rights from consumers. It proposes this rule as a more acceptable behavioral proxy in determining whether the manifestation of mutual assent standard applicable to all contracts performed by competent contracting parties is met, as a matter of contract law. Requiring negotiation and negotiability from forms will go further than the current “click-through” baseline does to cure the current problem of consumer incapacity widely recognized (though not widely named) in the consumer marketplace. It is that disturbingly debased status that defines the plight of the consumer in the modern consumer contracting domain (a point I make in a related, earlier piece). I argue that technology has advanced to such an extent that the absence of greater negotiability can no longer be defended with regard to electronic forms. I use, as an example of this technology, the life of a wager from the online sports gaming business to make the point. Given what this gaming technology demonstrates, we are now able to see how technology may facilitate ever greater consumer interface around pricing, risk taking, risk prediction, and active choice, in relation to qualitative events, features and outcomes, online. I use this technology, in conjunction with contract law, and norms from tort law, to argue that a recent decision by the Massachusetts Supreme Judicial Court analyzing Uber’s electronic form, should demand more from sellers than the “click-through” option the Court appears to set, as a baseline, for accomplishing assent with regard to electronic consumer contracting formation.

CONSTRUCTIONISM, LABOR LAW AND THE WAIVER OF RIGHTS/CONSTRUCIONISMO, LEI DO TRABALHO E RENÚNCIA DE DIREITOS

Despite of the fact labor relations (from employees standpoint)are similar worlwide, the different legal systems accept (or not)the waiver of rights. This phenomenon can be explained through constuctionism, since any concept will carry “values”, according to each society.

Human Rights Waiver in Criminal Proceedings in Terms of the European Court of Human Rights: ‘Russian Cases’

The article investigates the general position of the European Court of Human Rights on the admissibility and validity of the waiver of rights, the features of the European mechanism for protecting human rights in case of the waiver of the right; studies the case-law practices in criminal cases of the Court in relation to Russia where the Court considered the presence/absence of the waiver of the right. The practice of the ECHR reveals the widespread occurrence of human rights violations in the Russian criminal proceedings with the alleged waiver of the right in the framework of criminal procedure. These includes the situations when the Government claimed that the Applicant had waived his/her right and the Applicant did not agree with this fact and insisted that he had been deprived of the opportunity to exercise his/her right. According to the ECHR, violations of human rights established in the Convention are related not only to shortcomings in the legal system but also to improper law enforcement that does not comply with the Convention requirements. Based on the analysis of the ECHR’s general approaches to the waiver of the right, the authors revealed the compliance of the Russian criminal procedure with the requirements of the Court to the waiver of the right and the guarantees established for it. To achieve the objectives in the HUDOC database of the European Court, using search requests we identified cases against Russia considered by the Chamber and the Grand Chamber, in which the ECHR examined the issue of the presence/absence of the waiver of the right in the criminal procedure. As a result, 40 judgments in which the Court directly considered the issue of the presence/absence of the waiver of the right in the criminal procedure in Russia were selected. We studied and analysed the selected judgments.

Notary Disclaimer Of Coastal Lands On The Development Of Legal Resort

This study aims to analyze the regulation of coastal land, the role of the notary in the release of coastal land rights to resort development bodied laws and What are the constraints and solutions in the relinquishment of coastal land titles to resort development who are legally incorporated in Wakatobi Regency, Southeast Sulawesi Province. This study uses an empirical juridical approach, the types and sources of data in this study are primary data and secondary data as well as tertiary data, legal materials and data obtained through literature studies and field surveys with study and interview collection tools, Wakatobi district research area, analysis techniques. data based on qualitative analysis. System The zoning for Wakatobi National Park refers to the Minister of Forestry Regulation Number: P.56 / Menhut-II / 2006 dated 29 August 2006 regarding the Guidelines for National Park Zoning. For the involvement of the Notary, it is not only to help the process of making the deeds of the Waiver of Rights or APH also cares about the waiver process carried out by the parties who are its clients and are willing to provide guidance / advice and legal consultation related to the waiver of rights or problems land in general and it is also known that there is a lack of socialization to the community regarding the zoning system in effect in Wakatobi Regency.

BARGAINING POWER PEREMPUAN PEKERJA RUMAHAN DENGANSKEMA PUTTING-OUT SYSTEM DALAM PEMENUHAN HAK SOSIALEKONOMI (STUDI DESKRIPTIF PADA PEREMPUAN PEKERJARUMAHAN PENGELEM ALAS KAKI, KELURAHAN PENJARINGAN)

The Putting-out system is a working system in the informal sector, most of the production process is felt outside of the plant or in a home and place that is self-selected by its employees and takes place without supervision at all from the employer. Through this scheme, the employer can streamline the cost of production by providing wages that are not comparable to working hours and the absence of protection for homeworkers. The women homeworkers must complete the target job with the working time exceeding twelve hours in a day even more. Consequently, their economic and social rights as workers are not met and neglected. The waiver of rights for a worker signifies the absence of protection from the Government for workers of the informal sector, especially women homeworkers. A distinction difference between formal and informal workers in the presence of bargaining power on workers. This study seeks to answer research questions: How do the bargaining power of women homeworkers in the wage given by employers? To answer this problem is used by the qualitative method. Data is collected through observations and in-depth interviews with women homeworkers who are in the status of housewife with husband then analyzed qualitatively. The results concluded that bargaining power owned by women homeworkers was very weak even nothing. They didn't even have the opportunity to negotiate with the wages they received. The interesting thing about this study is the analysis of how this condition can occur,

Waiver of rights and state paternalism under the European Convention on Human Rights

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SPPO rejects waiver of rights as condition of enrollment

Case name: Letter to: Agora Cyber Charter School (FPCO 11/02/17).

Analisis Hukum Surat Pelepasan Hak Atas Tanah Adat (Dati) Di Kota Ambon

Relinquishment of land rights is the relinquishment of legal relations between the holders of land rights and the land under their control by providing compensation on the basis of deliberation. Letter of Waiver of rights is evidence that is made with the aim of releasing land rights. A letter of release of customary land rights (dati) is applied in the same way as the release of land rights in general, as enforced in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. The process of registering customary land rights (dati) is based on the release of customary rights (dati) issued by the customary land owner (dati) as the basis for rights. So based on the release of land rights, it can be registered at the Ambon City Land Office to obtain proof of land ownership or certificates. The letter of release of customary land rights (dati) issued by the customary State Government in Ambon City is binding as long as it is carried out based on applicable customary law and can be proven the basis of ownership rights to customary land (dati) from the customary land owner (dati) that issues the release letter the land rights. However, as long as it cannot be proven valid, the letter of release of land rights does not have binding power, thus the release of the customary land rights (dati) becomes invalid and the certificate can be canceled.

Waiver of rights in Russian criminal procedure: Issues of theory, legislative regulation, and law enforcement

The article discusses the waiver of procedural rights as a particular legal phenomenon. The rationale for studying the waiver of rights in the Russian criminal procedure doctrine arises from the expansion of the spheres of disposition and adversarial nature in present-day Russian criminal procedure. In order to form an overall picture of the ‘waiver of rights’, the article describes its distinctive features and elements that characterize it. Additionally, the theoretical aspects of the waiver of rights in present-day Russian criminal procedures, as well as the legal regulation of a waiver, are analyzed. A waiver of subjective rights is understood as an expression of a legal person’s will in terms of failure to behave as provided for by objective law, which is characterized by voluntariness, awareness, and freedom of choice. It is asserted that any non-realization of rights by a subject is not considered a waiver. The difference is demonstrated in the understanding of the concept ‘waiver of rights’ in the approaches of the European Court of Human Rights, the Constitutional Court of the Russian Federation, as well as in the interpretation of the rules of criminal procedural legislation, which regulates a person’s ability to waive the rights granted to them by the Supreme Court of the Russian Federation. The article states that the disposition principle of legal regulation, applied by the legislator to participants in criminal proceedings defending their personal interests, presupposes the legislatively established possibility of a person to refuse to exercise the right unless it violates the more important public interest. Attention is given in the article to the necessity of guarantees that ensure voluntariness, awareness, and freedom of choice in case of a person’s waiver of their rights.

Пропаганда війни в імперативних нормах і зобов’язаннях erga omnes

У статті автор зосереджує увагу на тому, що, незважаючи на безпосередню близькість jus cogens та erga omnes, вони мають різну правову природу. Проте щодо універсальності можна стверджувати, що ці концепції діють як інструменти досягнення однієї мети - забезпечення інтересів міжнародного співтовариства.
 Здійснено правовий аналіз ст. 20 Міжнародного пакту про політичні та громадянські права від 1966 р., яка закріплює положення, згідно з котрим (ч. 1) будь-яка пропаганда війни повинна бути заборонена законом.
 Досліджено положення в Зауваженнях Загального порядку № 11, прийнятого Комітетом ООН з прав людини в 1983 р. до ст. 20 Пакту, на підставі чого автор відзначає, що, зважаючи на характер ст. 20, дер-жави-учасники зобов'язані прийняти необхідні законодавчі заходи, які забороняють дії, що в ній згадуються.
 Автор на підставі положень Пакту та Зауважень загального порядку робить висновок, що будь-яка пропаганда війни і всякий виступ на користь національної, расової чи релігійної ненависті, що є підбурюванням до дискримінації, ворожнечі або насильства, повинні бути заборонені законом. Заборона, що згадується, поширюється на всі види пропаганди, здійснюваної з метою загрози або акту агресії або порушення миру всупереч Статуту Організації Об'єднаних Націй.
 До Зауважень Загального порядку № 24, прийнятого на 52 сесії Комітету з прав людини в 1994 р. з питань, що стосуються застережень, які робляться при ратифікації Пакту чи Факультативних протоколів до нього, закріплюється положення: застереження, що порушують імперативні норми, несумісні з об'єктом і цілями Пакту. Відповідно, положення Пакту, які представляють звичайне міжнародне право (і a fortiori, якщо вони мають характер імперативних норм) не можуть бути предметом застережень.
 Автор проаналізував, що у консультативному висновку Міжнародного Суду ООН від 28 травня 1951 р. стосовно справи про застереження до Конвенції про геноцид Суд подав уточнення поняттю erga omnes.
 З'ясовано, що відповідно до Зауважень Загального порядку № 29 від 24 липня 2001 р., присвяченого питанню відступлення держави від прав у зв'язку з надзвичайним станом, згідно з п. «е» ст. 13 Комітет підкреслює імперативний характер ст. 20 Пакту і неможливість відступу держави від її виконання. Ніяке оголошення надзвичайного стану, зроблене відповідно до п. 1 ст. 4, не може служити державі-у-часниці виправданням у плані ведення, у порушення ст. 20, пропаганди війни або організації виступів на користь національної, расової чи релігійної ненависті, що є підбурюванням до дискримінації, ворожнечі або насильства.

State of the States: A survey of statutory law, regulations and court rules pertaining to guilty pleas across the United States.

A psycholegal research agenda on guilty pleas is in its nascent stage. Multijurisdictional surveys of related law and policy may advance this research agenda by focusing investigators on the specifics of existing policies and motivating cross-jurisdictional comparisons of diverse policies. We thus conducted a systematic, national survey of statutes, regulations and court rules across the United States pertaining to nine aspects of the guilty plea process, including sentencing differentials, collateral consequences and waiver of rights, which have been identified in existing legal and psycholegal research and commentary. Following a discussion of these issues, including legal concerns and existing research findings, we present the results of our systematic survey. We supplement this review with a non-systematic sampling of appellate case law. Broadly, there was notable diversity in whether and how jurisdictions approached these issues. We discuss general and specific implications of our findings for future research, emphasizing the importance of data on actual policies and procedures to the design of studies that may contribute to evidence-based criminal justice policy.