A Study on ‘Actio De in Rem Verso’ and the Right to Demand Reimbursement of Expenses based on ‘Negotiorum Gestio’ in Korean Civil Code Article 739 - Centers on Supreme Court Decision 2011DA17106 -

2020 ◽  
Vol 8 (3) ◽  
pp. 283-320
Author(s):  
Dong-Ho Pu
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Civil Code ◽  
Court Decision ◽  
The Right

scholarly journals Jurisdiction Analysis of The Distribution of Integrity Children Out of Marriage as Substitute Heritages (Study of The Supreme Court Decision Number: 784 K/Pdt/2014)

2021 ◽  
Vol 9 (01) ◽  
pp. 25
Author(s):  
Gagah Hotma Parulian Siregar ◽  
Widhi Handoko
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Study Data ◽  
Civil Code ◽  
Court Decision ◽  
Inheritance Law ◽  
Main Research ◽  
The Supreme Court ◽  
Research Problems

 Many problems regarding inheritance law occur due to distribution that is not in accordance with applicable regulations. In the Supreme Court Decision Number 784 K/Pdt/2014, the main research problems are: (1) How is the distribution of the inheritance of children out of wedlock as replacement heirs based on the Civil Code study of the Supreme Court's decision number: 784 K/Pdt/2014 . (2) Is the content of the Supreme Court's order Number: 784/Pdt/2014 concerning the distribution of the inheritance of children out of wedlock as replacement heirs appropriate or not according to the Civil Code. This type of research is normative juridical. The data used are secondary data, library study data collection and qualitative data analysis and deductive method conclusions. The conclusion of this decision study states that (1) the heirs to the inheritance of the Supreme Court decision study number: 784 K/Pdt/2014 are Dewina Tjandra, Trisnani Tjandra, Patty Tjandra, Sarina Tjandra, Arifin Tjandra, Ony Tjandra, and Fitri Tjandra . (2) The Supreme Court's decision Number 784 K/Pdt/2014 regarding the distribution of the inheritance of children out of wedlock as substitute heirs is not in accordance with Article 842 of the Civil Code.   

Lawyers in Juvenile Court

1967 ◽  
Vol 13 (4) ◽  
pp. 488-493 ◽  
Author(s):  
Spencer Coxe
Keyword(s):  
Supreme Court ◽  
Juvenile Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
The Supreme Court ◽  
The Right ◽  
Institutional Population

The article delineates the effect of Gault on the "right to counsel" in the juvenile court. It reviews the background of the Supreme Court decision and analyzes the controversy over the lawyer's role in adjudication and disposition and it discusses some of the effects of the ruling on institutional population and the backlog of cases awaiting disposition.

scholarly journals Analisis Yuridis terhadap Kasus Gugatan Perbuatan Melawan Hukum atas Ketidakabsahan Peralihan Hak Milik Benda Bergerak (Studi Kasus Putusan Mahkamah Agung Nomor 1081/K/PDT/2018)

Kosmik Hukum ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 21
Author(s):  
Fathalya Laksana
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Civil Code ◽  
Court Decision ◽  
Analysis Method ◽  
The Supreme Court ◽  
Analytical Research ◽  
The Law

The legal requirements are regulated in Article 1320 of the Civil Code (KUHPerdata). If the valid conditions of the promise are not fulfilled, then the law that results is that the agreement can be canceled or null and void. In the Court's practice contained in the Supreme Decision Number 1081K / PDT / 2018, there was a sale and purchase agreement between the Plaintiff's husband and the Defendant, the sale and purchase agreement was made by the Plaintiff's partner without the consent of the Plaintiff as his legal wife. Supreme Court Decision No. 1081K / PDT / 2018 stated that the sale and purchase agreement was invalid and null and void. Apart from that, in its decision, the Defendant's UN Supreme Court had committed an illegal act. The research method used is a normative juridical approach using secondary data obtained from literature studies, namely statutory regulations, legal theories, and the opinions of leading legal scholars. This research uses descriptive analytical research specifications that describe the regulations that are in accordance with legal theories that oversee the implementation practices of the problems under study. The data analysis method used is qualitative normative method. Based on the research results, it can be denied that the sale and purchase agreement in the Supreme Court Decision Number 1081K / PDT / 2018 is not legally valid. The agreement does not fulfill the validity requirements of the agreement in Article 1320 of the Civil Code, namely halal skills and causes because it violates Article 36 paragraph (2) of the Marriage Law No. 1 of 1974 resulting in the sale and purchase agreement to be null and void.Keywords: Buying and Selling, Acts against the Law, Agreement, Marriage, Collective Property

scholarly journals Wasiat Wajibah Bagi Ahli Waris Beda Agama (Analisis Terhadap Putusan Mahkamah Agung Nomor: 368K/AG/1995)

2019 ◽  
Vol 17 (2) ◽  
pp. 188-210
Author(s):  
Iin Mutmainah ◽  
Muhammad Sabir
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Basis ◽  
Court Judge ◽  
Result Show ◽  
The Status ◽  
The Right

This study discusses about the testament wajibah to differently religious heirs (an Analysis of Supreme Court decision number: 368 K/AG/1995). The purpose of this study are to know about the principle of inheritance under islamic law, and to understand the status of testament to differently religious heirs , and to analyze the constitute of consideration and the legal basis used in deciding the rights of differently religious heirs. The result show that the testament wajibah given to differently religious heirs become a problem because of the status of differently religion, these heirs cannot get inheritance rights. Through the decision of supreme court, judge ruled that differently religious heirs have the right to get inheritance with some consideration. Although there is no rule on testament wajibah to differently religious heirs, the judge have succeeded in ijtihad, finding and exploring the value of existing law. This decree shows that the judges actually carry out duties as a legislator who receive, examine, and decide cases such a new through benefit consideration based on the Qur’an and Hadith

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