Application of digital technologies in litigation and dispute resolution

By now (we mean 2020) digitalization has completely replaced the more general modernization and innovation from both the political vocabulary and the sci-entific agenda. It is difficult to say how long this trend will continue and what kind of socio-technological phenomenon will replace it. It can be cyberization, within which a person will begin to bring himself into line with the canons of the sci-fi cyberpunks and combine biological with technological (and digital at the same time) in his body, or vice versa, some kind of reactionary naturalization. Anyway, now the widespread adoption of digital technology is an indisputable and obvious fact. And this process applies to all spheres of societys life, without bypassing legal proceedings and out-of-court settlement of disputes (or in other words - alternative dispute resolution), which can be significantly improved using digital technologies. This article analyses the practice and legislative regulation of the use of digital technologies in various forms of legal proceedings and such types of out-of-court dispute resolution as arbitration and mediation. Comparative legal method allowed to compare Russian and foreign legislations as well as approaches to determining the permissible limits of the use of digital technologies, including their intellectual variety. Individual proposals have been formulated to improve Russian legislation.

Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas

In Eti Village, which is located in West Seram District, West Seram Regency, an agreement for marine and plantation products sharing is still being carried out between the Petuanan Region and the Eti Village Government as the parent country. The petuanan area or territory is a village or hamlet that is in the territory of the customary village. The agreement for the sharing of marine products and plantations between the Petuanan area and the State Government of Eti Village was agreed to share the profits of marine products and plantations by 40% which would belong to the Eti State Government and 60% to belong to the Petuanan area. This agreement for marine products and plantations is made based on the ngase system. The Ngase system is a form of cooperation between land owners and workers which is carried out at harvest time. However, in practice, this agreement for marine and plantation products does not go according to what has been agreed. The parent country does not get the pre-agreed profit sharing. Petuanan countries do not carry out their obligations to the detriment of the parent country. This study aims to determine the consequences of default in this profit-sharing agreement as well as to examine the settlement of disputes between the Eti Government and the Petuanan area. The type of research used is sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. The accountability carried out by the petuanan area is the fulfillment of achievements. Settlement of disputes between the petuanan area and the government of Negeri Eti is through non-litigation and litigation channels.

Flexible Forms of Contracts: Transactions through Fictitious Settlements (ṣulḥ/muṣālaḥa) in Iran

In the second half of the nineteenth century, practitioners of law in Iran were looking for more flexibility in contractual forms, especially those used to conclude routine transactions of properties and services. They increasingly made use of a type of contract named muṣālaḥa-nāma, derived from the legal concept of ṣulḥ and defined primarily as a means to arrange the amicable settlement of disputes. The present contribution attempts to categorise the kind of transactions for which this universal contractual type could be employed and raises the question what advantages such a “new” contractual form might have entailed.

Kedudukan Majelis Kehormatan Disiplin Kedokteran Indonesia dalam Penyelesaian Sengketa Medis antara Dokter dan Pasien

This article aims to analyze the position of the Indonesian Medical Discipline Honorary Council in the Settlement of Disputes between Doctors and Patients. Medical disputes due to alleged violations of medical discipline should be resolved through the Indonesian Medical Discipline Honorary Council, however currently there are still medical disputes that are reported to the court without going through the Indonesian Medical Doctors Honorary Council. This study uses a normative juridical research method with a statute approach and a conceptual approach. The results of this study are based on Article 66 paragraph (1) and paragraph (3) of Law Number 29 of 2004 concerning Medical Practices, there is still legal uncertainty regarding the resolution of medical disputes between doctors and patients, because the word "can" contained in paragraph (1) can mean that the complaint against the Indonesian Medical Discipline Honorary Council may or may not be made. Whereas in paragraph (3) it is stated that it is possible to resolve medical disputes through the courts, which can cause medical dispute resolution to be carried out through the courts.

UPAYA PERDAMAIAN UNTUK PENYELESAIAN PERKARA PIDANA Reaktualisasi Kearifan Lokal dalam Hukum pidana Indonesia

One characteristic of Islamic law is not explicitly distinguished between the domain of public law with private law. Sanctions for deliberate murder is Qisas for example, where the victim's heirs have more permanent role to choose the death penalty imposed (Qisas) or give forgive me by asking Diyat (compensation). Amount number of Diyat is also can be negotiated through a kind of mediation method called Shulh (peace). So here the element of private law is more dominant. Even Diyat can be released at all heirs of the victim initiatives. In this last case the State may punish the offender with ta'zir, so here its public law elements recur. This idea is not unknown in Indonesian positive law provisions. The victim had usually been involved as a witness in his father murder case or rape case against her. In customary law in Aceh there are several institutions in efforts to realize peace for criminal cases, namely in the form of adat meulangga, dhiet, sayam or takanai (South Aceh). Principles of peace settlement of disputes may also be considered not only for civil cases but also in criminal cases. Thus the doctrine that says the criminal nature of a case will not remove although there is peace agreement, would need to be revisited. However it is important also to restrict that not every criminal case could be solved by peace agreement. Criminal cases like premeditated murder and rape should be excluded from the possibility of peace agreement.