scholarly journals The role of economic justice in realizing the principle of utmost good faith fairness in default insurance

2021 ◽  
Vol 188 (3-4) ◽  
pp. 195-200
Author(s):  
Mulhadi ◽  
◽  
Isis Ikhwansyah ◽  
Raden Kartikasari ◽  
Efa Laela Fakhriah ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Economic Justice ◽  
Comparative Methods ◽  
Good Faith ◽  
Court Decisions ◽  
Research Results ◽  
Legal Provisions ◽  
Utmost Good Faith

This research is conducted to determine the role of economy in realizing the principle of utmost good faith which is fair since this principle does not take sides in insurance, which makes it possible to decide whether it is effective or not in the context of law enforcement in courts in the 2012-2021 period. This normative-philosophical research is based on philosophy of values and legal doctrines and is conducted with the use of qualitative and comparative methods. It is aimed at analyzing legal resources referring to selected legal provisions set out in legislation, literature, expert conclusions, reports, articles, research results and court decisions.

Environmental Protection in Pancasila Perspective

2020 ◽  
Vol 1 (1) ◽  
pp. 7-10
Author(s):  
Lusia Indrastuti ◽  
Budi Prasetyo
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Spiritual Needs ◽  
Way Of Life ◽  
Environmental Aspects ◽  
Legal Provisions ◽  
Library Research ◽  
Ongoing Development

Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.

Enforcement of sexual violence law in post-civil conflict societies

2017 ◽  
Vol 35 (3) ◽  
pp. 280-295 ◽  
Author(s):  
Jillienne Haglund ◽  
David L Richards
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Civil Conflict ◽  
Negative Influence ◽  
Legal Provisions ◽  
Original Dataset ◽  
Legal Regimes

The climate of impunity in many post-civil conflict societies results in unprecedented levels of violence against women, making legal implementation and law enforcement particularly difficult. We argue that the presence of strong legal provisions mediates the negative influence of the post-civil conflict environment on violence against women. Specifically, we examine the role of strong legal protections on the enforcement of sexual violence legislation in post-civil conflict countries. To examine our hypothesis, we utilize an original dataset measuring the strength and enforcement of domestic legal statutes addressing violence against women for the years 2007–2010 in post-civil conflict countries. We find elements of civil conflict as well as domestic and international legal regimes to be reliably associated with the enforcement of violence against women laws and rape prevalence in post-civil conflict states.

scholarly journals IMPLEMENTASI TUGAS HAKIM PENGAWAS DAN PENGAMAT DALAM PENGAWASAN DAN PENGAMATAN TERHADAP NARAPIDANA (Kajian di Lembaga Pemasyarakatan Klas II A Purwokerto)

2010 ◽  
Vol 10 (2) ◽  
Author(s):  
Dessy Perdani Yuris PS
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Procedure ◽  
Internal Resistance ◽  
Court Decision ◽  
Court Decisions ◽  
Research Results ◽  
Procedure Code ◽  
The Supreme Court

The implementation of court judgments needs to be observed and perceived, thus the birth of Supervisor and Observer Judge Institution by Law No. 8 of 1981. The position of a Judge is not simply responsible for imposition of punishment, but also have to responsible for completion of punishment term by inmates in Correctional Institute by appropriate pattern and program of counseling. Besides in article 277 KUHAP till article 288 KUHAP it is charged another task as supervisor and observer of the court decision. The research results show that the implementation of the Supervisory Judge task and Observers in the execution of court decisions in Purwokerto Penitentiary is based on the Criminal Procedure Code Article 277 through Article 283 Criminal Procedure Code, the implementing regulations of the Supreme Court Circular No. RI. No. 7 of 1985. Supervisory Judge in the performance of duties and Observers in Purwokerto Penitentiary still met the constraints that are internal or external, internal resistance from law enforcement and the factors of factor means or facilities. Then the external barriers are the ruling factor.Keywords : Supervisor and Observer Judge, Purwokerto Penitentiary and prisoner

scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

scholarly journals The principle of good faith as a means of the development of law

2021 ◽  
pp. 60-75
Author(s):  
Radik Rashitovich Lugmanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Good Faith ◽  
Constitutional Court ◽  
Special Role ◽  
Russian Science ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Legal Uncertainty

The subject of this research is the principle of good faith in the Russian civil law, in versatility of its doctrinal understanding and complexity of substantive definition. The author describes the key approaches adopted in the Russian science, outlines certain flaws common to interpretation of this principle. It is noted that the usual interpretation of the principle of good faith, as a certain behavioral standard of the party to a contract, has no applicative avenue due to its natural meaninglessness and practical futility. Civil transaction requires predictability, certainty and stability, which is excluded without a uniform interpretation of the principle of good faith. Another subject of this research is the additional responsibilities that are directly related to the principle of good faith. The author indicated the problems of linear use of the formulas cited in law, since it also creates the grounds for legal uncertainty. The main conclusions are as follows: 1) Recognition of the special role of judicial system in revision, adaptation and development of the written law. This function of judiciary is implemented in the process of ordinary law enforcement under the auspices of referring to such general clauses as the principle of good faith. 2) Revision, development, or supplement of the law may cannot be done ad hoc. The court cannot introduce legal uncertainty into law enforcement. This requires special instruments in form of the strictly verifiable values, which would be the bases of law as a whole and civil law in particular. Such values are reflected in the Constitution of the Russian Federation and legal provisions of the Constitutional Court of the Russian Federation. Thus, the constitutionalization of private law is a natural process of translating socially significant values into the civil law by means of the principle of good faith.  

PELANGGARAN PRINSIP ITIKAD BAIK DALAM PERJANJIAN ASURANSI PADA P.T. ASURANSI JIWASRAYA CABANG PADANG

2018 ◽  
Vol 12 (1) ◽  
pp. 116-139
Author(s):  
Esther Masri
Keyword(s):  
Qualitative Data ◽  
Good Faith ◽  
False Information ◽  
Internal Factors ◽  
Legal Provisions ◽  
Insurance Agent ◽  
Utmost Good Faith ◽  
Court Proceedings ◽  
Legal Consequences ◽  
Insurance Agreement

This study uses empirical juridical method where research with a view to legal provisions in practice. This study concerns the basic factors underlying the onset of any breach of the principle of utmost good faith in the insurance agreement as well as how the settlement and legal consequences of the breach of the principle of utmost good faith in the contract of insurance. The author uses the qualitative data  analysis to make an assessment of data that authors get on the field with the help of literatures related research. Based on the research that earned the author the P.T. Asuransi Jiwasraya (Persero) Padang Branch that the factors underlying the violation of the principle of utmost good faith can be caused by internal factors (the insurer) is an insurance agent and risk selectors (underwriter) and external factors i.e. insured parties. Violation of the dishonest agents caused the insurer gives a description of the products offered to the prospective insured because only the pursuit of targets and commissions, vice versa the insured provides false information when responding to a question from the insurer. Completion of the offence principle of utmost good faith this is done first by deliberation, if agreement was not reached will proceed through court proceedings. As a result of legal violations of principle of utmost good faith is the insurance agreement void or in other words the insurer has no duty to indemnify if the claims of the insured object.

scholarly journals The Standings of Tax Receivables in Bankruptcy Cases : A Study on Managing and Settling Assets

2021 ◽  
Vol 5 (3) ◽  
pp. 329-344
Author(s):  
Sunarmi Sunarmi ◽  
Detania Sukarja ◽  
Tri Murti Lubis
Keyword(s):  
Data Collection ◽  
Director General ◽  
Court Decisions ◽  
Legal Rules ◽  
Legal Provisions ◽  
Ministry Of Finance ◽  
The Republic ◽  
The Empirical Analysis ◽  
Secured Creditors

The state's privilege right to tax receivables in bankruptcy cases is regulated differently under various laws and court decisions in Indonesia. In general, tax receivables in bankruptcy have privilege position over other creditors, including secured creditors such as banks, mortgage holders, fiduciary guarantees and finance companies, preferential creditors and concurrent creditors. The creditor’s tax debt to the state should be paid first before any payment to other creditors. However, the Director General of Tax under the Ministry of Finance of the Republic of Indonesia often faces problems in claiming the payment as the Ministry claims for the payment are always rejected by the Court. Each of the existing legal rules and decisions provides different answers to this problem, resulting in legal uncertainties. This research is conducted using the normative juridical approach and supported by the empirical analysis. The data collection is conducted by document studies and supported by court decisions. This research aims to inquire and analyse the position of tax receivables in the distribution of bankruptcy estate of debtors among other creditors, the role of the curators, both state and private curators, in the bankruptcy estate distribution in order to find a legal solution to the aforementioned issue according to the normative legal provisions that apply.

Legal Means of Procuring the Unity Application of the Criminal Procedure Law

2020 ◽  
Vol 27 (2) ◽  
pp. 156-169
Author(s):  
Olha Shylo ◽  
Nataliia Hlynska
Keyword(s):  
Law Enforcement ◽  
Scientific Development ◽  
General Mechanism ◽  
Judicial Reform ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
The Subject ◽  
The Law

Ensuring the unity of judicial practice is the implementation of the legal certainty principle, which is considered as the part of the rule of law, ensures the predictability of court decisions. At the theoretical level, the issues of the unity of judicial practice are mostly the subject of research in the context of judicial reform and the judiciary, but comprehensive research on this issue in the field of modern criminal justice is almost absent. The purpose of the study is to establish a system of legal means to ensure the unity of judicial practice. The methodological basis of the study was based on general and special methods, namely: dialectical, systematic, formal-legal and logical methods. The authors provide a brief overview of the theoretical provisions that determine the socio-legal value of the unity of law enforcement practice. The concept of "unity of judicial practice" in the field of criminal proceedings is analyzed and it was emphasized the usage of the approach of understanding the unity of judicial practice as a synonym of equal (adjustment) application of procedural and material norms in homogeneous categories of court decisions, which are adopted in the course of criminal proceedings. It is established that the limit of permitted differences in the application of the law is quite flexible and informal. It is established that the quality of the law cannot be assessed in isolation from the practice of its application. The authors also emphasize the instrumental role of judicial practice in the general mechanism of ensuring uniformity of law enforcement. A position was expressed on the role of explanations of the Plenum of the Supreme Court in the general mechanism of ensuring the unity of judicial practice. It is established that the system of legal means to ensure the unity of application of the law in the field of criminal proceedings consists of a set of interrelated elements. The results of the study can be used in further scientific development of the problem of ensuring the unity of judicial practice, scientific substantiation of proposals aimed to improve the current legislation of Ukraine, which regulates the issues that have become the subject of this research

scholarly journals Problems of Legal Certainty and Judicial Discretion when Applying Legal Provisions on Abuse of Right

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 46-50
Author(s):  
Egor Y. Usoltsev ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Judicial Discretion ◽  
Legal Certainty ◽  
Research Attention ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

This article is devoted simultaneously to several problems of civil law: abuse of right, judicial discretion, legal strength and certainty, each of them deserves separate research attention. At the same time, the author considers them together, since the concept of abuse of right is evaluative, and, as it is known, such concepts always pose a danger to legal certainty, since they do not contain all the features of the phenomena described by them, so their application is possible only within the framework of broad judicial discretion. And here one of the most difficult questions of jurisprudence appears: what are the limits of such discretion, the decision of which largely depends on the correctness of the courts’ qualification of the subject’s actions as malicious law enforcement. At first glance, it turns out to be a vicious circle! However, the author comes to an unexpected conclusion that the activity of the Supreme court of the Russian Federation, whose decisions often play the role of judicial precedents, regulates the process of applying the rules on abuse of right and thereby provides legal certainty.

scholarly journals Sistem Keadilan Pemilu dalam Penanganan Pelanggaran dan Sengketa Proses Pemilu Serentak 2019 di Sumatera Barat

2020 ◽  
Vol 17 (1) ◽  
pp. 001
Author(s):  
Khairul Fahmi ◽  
Feri Amsari ◽  
Busya Azheri ◽  
Muhammad Ichsan Kabullah
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Justice System ◽  
Court Decisions ◽  
Election Law ◽  
Legal Research ◽  
West Sumatra

Sistem keadilan pemilu telah dibangun dalam Undang-Undang Nomor 7 Tahun 2017. Hal itu ditandai dengan diaturnya seluruh prosedur pelaksanaan tahapan pemilu dan mekanisme penanganan pelanggaran atau sengketa pemilu. Penyelesaian pelanggaran pemilu dilakukan oleh Bawaslu. Dalam menyelesaikan pelanggaran dan sengketa, Bawaslu berwenang menerbitkan putusan yang bersifat final. Dengan wewenang tersebut peran Bawaslu diperkuat dalam kerangka penegakan hukum untuk keadilan pemilu. Kajian ini hendak menelaah bagaimana kewenangan tersebut dilaksanakan, khususnya di Sumatera Barat. Dipilihnya Sumbar karena provinsi ini menjadi salah satu daerah yang rawan dari aspek penyelenggaraan pemilu yang bebas dan adil. Selain itu, di Sumbar juga terjadi peningkatan jumlah kasus yang ditangani Bawaslu pada Pemilu 2019 dibandingkan 2014. Terkait hal itu, masalah yang hendak dijawab adalah bagaimana penegakan hukum pemilu dilaksanakan Bawaslu dalam rangka mewujudkan keadilan pemilu, khususnya dalam penanganan pelanggaran dan sengketa pemilu. Masalah tersebut dijawab menggunakan metode penelitian hukum normatif dengan mengandalkan bahan hukum berupa putusan pengadilan dan putusan Bawaslu Propinsi dan Bawaslu Kabupaten/Kota. Dalam kajian ini disimpulkan bahwa sistem keadilan pemilu telah dijalankan dalam proses penanganan pelanggaran dan sengketa oleh Bawaslu di Sumatera Barat. Hal itu ditandai dengan diprosesnya setiap laporan pelanggaran administrasi, dugaan tindak pidana dan sengketa pemilu berdasarkan prosedur yang ditentukan peraturan perundang-undangan. Walaupun demikian, beberapa kelemahan yang ditemui masih mengganjal cita perwujudan keadilan pemilu secara lebih optimal.The electoral justice system has been established in Law Number 7 of 2017. It is marked the electoral justice system has been established in Law Number 7 of 2017. It is marked by the regulation of all procedures for implementing the election stages and the mechanism for handling election violations or disputes. The settlement of violations and election disputes is carried out by Election Supervisory Body (Bawaslu). In resolving violations and conflicts, Bawaslu has the authority to issue final decisions. With this authority, the role of Bawaslu is strengthened in the framework of law enforcement for election justice. This study would like to examine how this authority is exercised, especially in West Sumatra. West Sumatra has chosen because this province has become one of the most vulnerable areas in terms of organizing free and fair elections. Furthermore, there has also been an increase in the number of cases handled by Bawaslu in the 2019 elections compared to 2014 in West Sumatera. Therefore, how election law enforcement is carried out by Bawaslu to realize electoral justice, particularly in handling election violations and disputes. This article using normative legal research methods by relying on legal materials in the form of court decisions and decisions of the Bawaslu in province and city. In this study, it was concluded that the electoral justice system had implemented in the process of handling violations and disputes by Bawaslu in West Sumatra. All complaint report indicated it, i.e., administrative offenses, alleged criminal acts, and election disputes have been passed based on procedures determined by statutory regulations. However, there are still some weaknesses that must be evaluated because the election justice can not maximize. 

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