Res Judicata Restricted in NLRB Cases: Administrative Law. Judgments. District Court Finding of No Jurisdiction Not Res Judicata in NLRB Hearing

1951 ◽  
Vol 3 (3) ◽  
pp. 521
2019 ◽  
Vol 2 (2) ◽  
pp. 501
Author(s):  
Rugun Romaida Hutabarat ◽  
Jeffri Pri Martono ◽  
Edwin Tunggawan ◽  
Kennedy Kenny

Under Article 77 of Law of The Republic Indonesia Number 8 of 1981 Concerning Criminal Procedure Law or Indonesia’s Code of Criminal Procedure stated that a district court can conduct pretrial hearing to determine whether an arrest or detention carried out legally. The court also adjudicate the proprietry of the cessation of an investigation prosecution. The pretrial hearing decision number 24/Pid/Pra/2018/PN.Jkt.Sel was the breakthrough, because for the first time in Indonesia, judge of the pretrial hearing decided that to order the investigator of the Corruption Eradication Commision to firm the suspect status to Boediono, Muliawan D Hadad, Raden Pardede and friends in the corruption case of the Bank of Century. Based on the law principal, res judicata pro veritate habetur, means that the judge decision is determined to be right, this decision has to be conducted with no exception.


Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 231
Author(s):  
Aries Saputro

Unlawful Acts by the Agency and/or Government Official (onrechtmatige overheidsdaad) carried out in exercising their authority, which may result in the public, individuals and private legal entities to bring a civil suit to the District Court, to obtain compensation. Meanwhile, the public, individuals or legal entities may request an administrative claim for the issuance of a State Administration Decree by a Government Official to the State Administrative Court. The Court's Decision is a representation of legal considerations by the Judge which is recognized as "res judicata pro veritate habetur" which means that the judge's decision is considered to be correct and immediate. In the District Court District for Officers who do not implement the Decision, an execution will be carried out, if there is an execution from the court in this case, it is due to the trial that the implementation of the Decision is carried out in its leadership capacity in the PTUN Decision Domain, in the civil domain in the Court. If the Government Official sued loses, compensation must go through the Government Budget for the Community, Individuals and Legal Entities and vice versa. However, the Government Officials specifically against the PTUN Decision won back sometimes when they were not ready to implement the Court's Decision as it was done by force. Because the efforts carried out are contained within, as is the case, the decision cannot be carried out and handled by the law contained therein.


2020 ◽  
Vol 8 (1) ◽  
pp. 248-260
Author(s):  
Marieke Geerlings ◽  
André van Montfort

In recent years, judicial authorities in the Netherlands have started paying more and more attention to the linguistic and textual quality of their judgments. This is based on the assumption that a better linguistic and textual quality of court judgments leads to the content of these judgments being better understood by citizens and private or public organizations. However, to what extent is this plausible assumption empirically correct? To answer this question, an original administrative law judgment from a Dutch district court was rewritten on the basis of a number of linguistic and textual quality requirements from the literature. Subsequently, a digital survey was conducted among 106 respondents. Half of the respondents answered a number of substantive questions about the original version of the court judgment. The other half of the respondents answered the same substantive questions about the rewritten version. According to the answers to the substantive questions, the second group of respondents understood the content of the court judgment considerably better than those to whom the original version of the court judgment was presented. The higher linguistic and textual quality of the rewritten version ensured that the content of the court judgment was better understood.


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