Право список научных статей
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REFORMS TO BE MADE IN ADR LAWSA COMPARITIVE STUDY WITH UK LAWS
Due to its quicker and more effective alternative to the traditional court system, Alternative Dispute Resolution (ADR) has grown in significance within India's legal system. The current ADR legislation in India were passed more than 20 years ago, and since then, they have undergone some changes....
2023 / Shakthi Jayanth S., Kavitha DuraiScopusВАК -
THE EFFECT OF INTENTION IN CRIMINAL CASES: A COMPARATIVE STUDY IN THE CONTEXT OF BROOM’S LEGAL MAXIMS AND JURISPRUDENCE RULES
The rules of jurisprudence and Broom legal maxims clarify the importance of intention in life. Since the action of intention is involved in all spheres of life, therefore, the jurists and Muhadithin of the Prophet صلى الله عليه وسلم begin their books of jurisprudence and hadith with the words...
2023 / Zainab Amin, Rashida Parveen, Samina Begum, Sidra Begum, AmmarakhanamScopusВАК -
HOW STATE ADMINISTRATIVE DISPUTE SETTLEMENT SYSTEM WORKS IN INDONESIA, THE NETHERLANDS, AND FRANCE: A COMPARATIVE STUDY
This paper provides a comparative legal study in terms of state administrative dispute settlement system in Indonesia, the Netherlands, and France. Selection of the three countries is based upon two primarily reasons namely 1) all the countries represent both developing and developed countries; and ...
2023 / Ayi Solehudin, Zainal Muttaqin, Dewi Kania SugihartiScopusВАК -
CYBERCRIME AND GLOBAL SECURITY THREATS: A CHALLENGE IN INTERNATIONAL LAW
This research aims to examine the challenges faced in handling cyber crimes and global security threats from the perspective of international law. In the digital era, cyber crimes are increasing and causing detrimental impacts both at the national and international levels. Therefore, international...
2023 / Widya Setiabudi SumadinataScopusВАК -
PROHIBITION OF OBSTRUCTION OF JUSTICE IN THE CORRUPTION CRIME ERADICATION LAW
The qualifications for acts of obstructing the judicial process (obstruction of justice) as stipulated in Article 21 of the Corruption Crime Eradication Law do not fulfill the essence of legal certainty, giving rise to multiple interpretations which result in the absence of legal certainty and tend ...
2023 / Baharuddin Badaru, Hasdiawati, Mulyati Pawennei, A. Muin Fahmal, Hardianto DjanggihScopusВАК -
LEGAL EDUCATION AN EDUCATION OF RECURRING LEGAL NEEDS OR HABITS?
This conceptual study uses a normative research method with a comparative approach between Pakistan and Indonesia.[1]It aims to find concepts that have a direct impact on law school students in improving legal clinical education in Pakistan. Legal justice for law school students is the ability to...
2023 / Tomy MichaelScopusВАК -
LEGAL IMPLICATIONS OF FACTUAL ACTION AS ABSOLUTE COMPETENCE OF ADMINISTRATIVE COURTS
The purpose of this study is to examine the Administrative Decisions (Beschikking) in Law Number 30 of 2014 about Government Administration Relating to the Administrative Court Law and the Legal Implications of Factual Action on the authority of the Administrative Court. This research employs...
2023 / Muhammad Rinaldy Bima, Muslim Haq M., ZainuddinScopusВАК -
COMPARING DROPPING ADMINISTRATIVE AND CIVIL LAWSUITS ACCORDING TO PROVISIONS OF THE JORDANIAN LEGISLATION
The present study tackles the issue of dropping the administrative and civil cases. The two researchers aim to highlight common points of the cases of dropping in the Administrative Judiciary Law and the Code of Civil Procedure. The two researchers singled out the specificity of each of those cases ...
2023 / Mohammad Basheer Arabyat, Mohmmad Husien AlmajaliScopusВАК -
THE AUTHORITY OF DISCIPLINARY ACTION BETWEEN ADMINISTRATION AND JUDICIARY
This brief research studied the duty of the administration, presented by the disciplinary authority granted to it. These powers have been studied according to the administrative hierarchy established in accordance with the provisions of the law, and granted to each of the President of the Republic, ...
2023 / Enass Jomahh RaddiehScopusВАК -
THE LEGAL AID FOR UNDERPRIVILEGED PEOPLE IN INDONESIA
One of the legal problems that occurs is about access to legal aid for Indonesian citizens who are not economically and financially able to get legal assistance services from advocates. The purpose of this research is first to find out whether people who are incapacitated are still entitled to free ...
2023 / Irwan Sapta Putra, Mompang L. Panggabean, Wiwik Sri Widiarty, Yunawati Karlina, Ujang Hibar, April LaksanaScopusВАК -
RESTORATIVE JUSTICE APPLICATION ON TRAFFIC ACCIDENT CASES AT THE MAKASSAR CITY POLICE RESORT, INDONESIA
In criminal justice system, restorative justice is a step in order to achieve justice, peace, and expediency in the process of law enforcement, which includes resolving traffic accidents. This study tried examining and analyzing the application of restorative justice in handling the cases of...
2023 / Ruslan Renggong, Mustawa Nur, Baso Madiong, Dyahauliah Rachma, Ashar Fahri, Hasnur AlfitraScopusВАК -
POTENTIAL TECHNOLOGICAL INTERVENTIONS IN TRANSNATIONAL CRIME FROM THE PERSPECTIVE OF CRIMINAL LAW IN INDONESIA
Any crime can essentially become a transnational crime, as long as it contains foreign elements. Transnational crimes can also occur in all countries around the world. Therefore, transnational crime is a common problem of nations around the world, and one of the mechanisms that can be used to...
2023 / Hernawati Ras, Nugraha Pranadita, Imas Rosidawati WiradirjaScopusВАК -
TAX CRIMINAL ACCOUNTABILITY ON CORPORATE ACTIVITIES
Tax criminal liability to corporate actors is an important issue that needs attention in the business world. Tax is a very important source of state revenue, so its implementation must be done honestly and transparently. This study discusses the criminal liability of taxes on corporate actors. This ...
2023 / Yeheskiel Minggus Tiranda, Bahtiyar EfendiScopusВАК -
NOTARY’S RULE AND ANTI‐MONEY LAUNDERING UNDER INDONESIAN LAW
This study aims to analyze the notaries who do not carry out the obligation to identify the source of funds for their service users and find a criminal law policy regarding the obligation to identify the origin of the source of funds for Notary service users future (iusconstituendum). This research ...
2023 / Mispansyah, Nurunnisa, Diana HaitiScopusВАК -
CRIMINAL CASES RELATED TO CHEQUES IN THE LIGHT OF THE OMANI LITIGATION PROCEDURES FACILITATION LAW PURSUANT TO ROYAL DECREE NO. 125/2020
The study included the legal nature of the different forms of crimes committed on cheques by highlighting the most important crimes on cheques and how they are dealt with before the judiciary under the law of facilitating litigation procedures. The study was divided into two sections, where the...
2023 / Ahmed O.K. Hosnia, Chami YassineScopusВАК -
CRIME VICTIMS' PERCEPTION OF THE PROCESS OF CRIMINAL CASE BY LAW ENFORCEMENT IN INDONESIA
In the process of criminal justice, the victims are not actively involved. The criminal court arbitrates perpetrators because they were charged with violation of the criminal law, not the violation of the victims' rights, even though the victim suffered due to the cases. The police officer and...
2023 / Baharuddin Badaru, Radesya Pratiwi BaharuddinScopusВАК -
CORPORATE RESPONSIBILITY AS A PERSON FOR ECONOMIC CRIME IN INDONESIAN CRIMINAL LAW
It is possible for corporations to carry out their activities to commit crimes and of course, the impact on victims is so wide-ranging as a result of corporate crime, so it is only natural that corporations are also responsible for all their actions. Efforts to position the corporation as a party...
2023 / Waluyadi Waluyadi, Dani Durahman, Tris Tri BudiartiScopusВАК -
IMPLEMENTATION OF RESTORATIVE JUSTICE, THE INTENT OF PUNISHMENT, AND LEGAL CLARITY IN INDONESIA
This study looks at the fairness of restorative justice, the goal of punishment, and the need of legal certainty. According to the study's findings, restorative justice is still only being applied theoretically. In this instance, it emphasizes that the formalistic, long-established ideas of justice ...
2023 / Fauziah LubisScopusВАК -
LEGAL PROTECTION FOR NOTARY THAT DOESN'T ATTACH LETTER AND DOCUMENT TO MINUTA DEED
The absence of norms regarding the strength of proof of deeds made by or before a Notary without letters and documents attached to the Minutes of the Deed, can cause legal problems. There are times when in the judicial process law enforcers question the basis of a notary in making a deed if there...
2023 / Michael Wenata Delafare, Slamet Suhartono, Endang PrasetyawatiScopusВАК -
CONSTITUTIONAL COURT AS MEDIATOR: A MODELS AND SOLUTIONS TO ARMED CONFLICT AND THE RULE OF LAW IN PAPUA, INDONESIA
Conflicts and tensions in Papua that have occurred for a long time, continue to escalate in 2021 until until April 2023 with quite complex problems. This study analyses the concept of the Constitutional Court as a mediator which is used as a model and solution for armed conflict and the rule of law ...
2023 / Achmad Cholidin, Zico Junius Fernando, M. Jeffri Arlinandes Chandra, Gusfen Alextron Simangunsong, Sawitri Yuli Hartati, AnitaScopusВАК