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Journal articles on the topic 'Basis of legal liability of a judge'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Skoromnyy, Yaroslav. "Normative and Procedural Grounds for Legal Liability of a Judge." Path of Science 6, no. 12 (2020): 1001–10. http://dx.doi.org/10.22178/pos.65-1.

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The article defines the basic principles of formation of normative and procedural grounds of legal responsibility of a judge. It has been found out that bringing a judge to a legal obligation by the regular basis indicates the necessity to enshrine the relevant list of offences in law. It has been determined that getting a judge to legal responsibility on regulatory grounds means committing an illegal action (from an objective point of view), primarily enshrined in the appropriate level of regulatory prohibitions. It has been established that the main essence of the factual basis for bringing

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2

Mihai, Gabriel. "Considerations regarding legal liability in the matter of insolvency." Ars Aequi 12 (April 13, 2023): 20–28. http://dx.doi.org/10.47577/10.1234/arsaequi.12.1.201.

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The insolvency procedure involves a special legal liability characterized by a combination of the general conditions of tortious civil liability and the special conditions provided by the Insolvency Law. Attracting legal liability is the expression of the principle of liability for the debts of the legal entity debtor, to which the members of the management, administration and supervision bodies of the legal entity are responsible, as well as any other persons who caused the insolvency of the debtor with regard to the facts expressly provided for and limited by law The exact determination of t

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3

Sebayang, Dona Martinus, Mahmud Mulyadi, and Syarifah Lisa Andriati. "Putusan Bebas Pengadilan Negeri Gunung Sitoli Nomor: 119/PID.B/2019/PN.GST Tanggal 11 Mei 2022 terhadap Terdakwa Yang Melanggar Pasal 374 KUHP." AL-SULTHANIYAH 14, no. 2 (2025): 276–89. https://doi.org/10.37567/al-sulthaniyah.v14i2.3555.

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The problem in this study is how criminal responsibility and proof for embezzlement in employment relations in Decision Number 119 / Pid.B / 2019 / PN Gst, what is the role and function of Judges in the law. The results showed: The criminal liability of perpetrators of embezzlement in employment relations in Decision Number 119/Pid.B/2019/PN Gst, if you look at Article 374 of the Criminal Code as demanded by the Public Prosecutor is a threat through a maximum sentence of 5 years. The role of the Judge in law through his decision is based on Article 1 paragraph (8) of the Code of Criminal Proce

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4

Glazunova, I. V., and A. V. Nikitina. "Early termination of a judge's powers as a measure of legal responsibility: problems of legal regulation and law enforcement." Law Enforcement Review 7, no. 4 (2024): 126–35. http://dx.doi.org/10.52468/2542-1514.2023.7(4).126-135.

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The subject of the study is the theoretical, legislative and practical application problems of the early termination of a judge as a measure of legal responsibility. According to the authors' opinion there are several problems: the lack of scientific and legislative unity on the issue of the sectoral nature of this measure; the unsystematic, uncoordinated nature of legislation and law enforcement practice; the apparent discrepancy of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” (hereinafter - the Status of Judges) which regulates the grounds and procedu

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5

Annurdi, Budi Santoso, Hanif Nur Widhiyanti, and Reka Dewantara. "Implementation of Parent Company's Liability for Bankruptcy Experienced by Subsidiary: Case in Indonesia." Journal of Finance and Financial Law 4, no. 44 (2024): 23–48. https://doi.org/10.18778/2391-6478.4.44.02.

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The purpose of the article. The article aims to reveal the existence of vacuum of norms regarding a group company in Indonesia, especially regarding the parent company's responsibility for bankruptcy experienced by its subsidiary. Methodology. This research is normative juridical research. It uses several approaches to obtain information from various aspects regarding the legal issues being studied, namely the statute approach and case approach. Results of the research. This legal vacuum causes differences of opinions among judges in assessing the relationship between a parent company and its

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6

Rytova, V. O., and A. V. Khomenko. "LEGAL BASIS OF LEGAL LIABILITY OF JUDGES IN THE POST-SOVIET COUNTRIES." Juridical scientific and electronic journal, no. 10 (2021): 616–19. http://dx.doi.org/10.32782/2524-0374/2021-10/160.

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7

Fahrunnisa, Hilda. "Pembatalan Akta Jual Beli Saham Yang Dibuat Secara Notariil Melalui Penetapan Pengadilan Negeri." Jurnal Officium Notarium 2, no. 3 (2022): 457–65. http://dx.doi.org/10.20885/jon.vol2.iss3.art8.

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The company as a legal entity that has stock instruments as a form of capital from a limited liability company. These shares can be traded by making a notarial deed. In the decision of the Surabaya District Court Number 1397/Pdt.P/2020/PN.Sby the judge determined the cancellation of the deed of sale and purchase of shares made between the applicants. This raises questions which are formulated into the formulation of the problem, namely first, What are the risks for a notary to a deed drawn up before him which has been annulled by a district court? Second, what is the basis for the judge's lega

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8

Sopilko, Iryna, Diana Timush, Anastasiia Vynohradova, Yevhenii Zubko, and Vitalii Gordieiev. "Guarantees of an independent tribunal in administrative proceedings in the context of the implementation of the human right to a fair trial." Cuestiones Políticas 40, no. 74 (2022): 456–73. http://dx.doi.org/10.46398/cuestpol.4074.25.

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The purpose of the article was to identify problem areas to ensure an independent court in administrative proceedings in the context of the implementation of the human right to a fair trial. The research was conducted using general scientific (induction, analysis, synthesis) and special legal (formal-logical, dogmatic, comparative-legal) methods. The authors have determined relevant areas of court staffing, such as: providing judicial power; providing administrative positions for the court and judicial staffing. It is stated that the improvement of legislation in the judicial sphere must be ca

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9

Saputra, Arfinando, M. Ruhly Kesuma Dinata, and Irhammudin Irhammudin. "CRIMINAL LIABILITY AGAINST THE CRIMINAL ACTION OF MOTOR VEHICLE THEft (STUDY OF DECISION NO. 239/PID.B/2021/PN.KBU)." Constitutional Law Society 3, no. 1 (2024): 109–15. http://dx.doi.org/10.36448/cls.v3i1.30.

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Criminal liability regarding the Crime of Motor Vehicle Theft that this crime was committed by 2 people in which the defendant's actions were regulated and also threatened in Article 365 paragraph (2) of the 2nd Criminal Code. However, in this case there are still many people who commit the crime of motor vehicle theft in various ways even though the government has issued such regulations or legislation. As will be examined in this article, namely how is the criminal responsibility of the perpetrators against the perpetrators of the crime of motor vehicle theft in Decision No. 239/Pid.B/2021/P

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10

Timush, Diana. "THE ESSENCE OF INSTITUTIONAL ADMINISTRATIVE AND LEGAL GUARANTEES FOR A JUDGE IMMUNITY." Journal of International Legal Communication 3 (December 23, 2021): 71–81. http://dx.doi.org/10.32612/uw.27201643.2021.3.pp.71-81.

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The article is devoted to the definition of the essence of institutional administrative and legal guarantees for a judge immunity, on this basis the definition of promising areas in current administrative and legal legislation development. There is used an approach that administrative and legal guarantees are a specific concept of legal means, methods and conditions which, being applied, allow to ensure a certain state of public relations. Being in their “potential” state also has a protective effect, which can be described as preventive. In the course of the research, institutional administra

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11

Cretu, Vasile. "Regulation of the activity of judges and bailiffs during the period of the great union." Journal of the National Institute of Justice, no. 3(66) (November 2023): 30–34. http://dx.doi.org/10.52277/1857-2405.2023.3(66).04.

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The profession of judge and bailiff have been closely related since ancient times. The analysis of the regulation of these professions is of increased interest for legal specialists. In this article we propose to analyze how the professions of judge and bailiff (bailiff) were regulated in the era of the Great Union, especially the aspects related to the manner and requirements for entering the profession, the forms of disciplinary liability and remuneration for work, taking as a basis the texts of the normative acts in force at that time, applicable to the status of these professions. Also, we

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12

Kostal, R. W. "Legal Justice, Social Justice: An Incursion into the Social History of Work-Related Accident Law in Ontario, 1860-86." Law and History Review 6, no. 1 (1988): 1–24. http://dx.doi.org/10.2307/743920.

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The historiography of work-related accidents in nineteenth-century Ontario is a product of two complementary but as yet unsynthesized lines of inquiry. On the one hand, legal historians have focused on the genesis of judge-made and statutory law respecting the liability of employers for the work-related accidents of their hired labor. Considerable light has been shed on political and ideological as well as formally “legal” factors that shaped judicial and legislative decision making concerning personal injuries at work. However, the legal historiography of the Victorian Ontario workplace perta

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13

Tsvetkov, Yury A. "Forecast and hedging of risks in decision-making by an investigator and a judge." Vestnik of Saint Petersburg University. Law 14, no. 3 (2023): 649–67. http://dx.doi.org/10.21638/spbu14.2023.306.

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The study is aimed at determining the role and significance of forecasting in the professional activities of an investigator and a judge. Methodologically, the study is based on probability theory, signal theory, project management and risk management. The empirical basis of the study is criminal cases initiated against judges as well as against investigators and other law enforcement officials due to negligence. The data of judicial and criminal statistics are used. The author analyzes the empirical material and solves the problem of forecasting by applying the approach is due to the classifi

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14

Arwanto, Bambang. "PERLINDUNGAN HUKUM BAGI RAKYAT AKIBAT TINDAKAN FAKTUAL PEMERINTAH." Yuridika 31, no. 3 (2017): 358. http://dx.doi.org/10.20473/ydk.v31i3.4857.

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The research reveals that The Act No. 30 of 2014 on Government Administration demonstrates the existence of effort to provide a legal protection by requiring the present of clear and legal laws as the base of every government’s acts taken (bestuurs handelingen). This includes providing the chance and way to litigation process for the people who suffer of loss caused by the government’s acts. Especially on the administrative dispute that appears as the result of government’s real act (feitelijke handelingen), transforms its ruling into the Article 85 on the transfer of “onrechmatige overheidsda

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15

Piri, Hamid, Mansour Amirzadeh Jirkoli, and Seyyed Mohsen Jalali Shahri. "Examining the Foundations of Civil Liability in Statutory Laws with Emphasis on the Islamic Penal Code." Encyclopedia of Comparative Jurisprudence and Law 3, no. 1 (2025): 1–18. https://doi.org/10.61838/jecjl.3.1.17.

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Civil liability is a legal obligation and commitment of an individual to compensate for the harm inflicted upon another. One of the most fundamental issues in the realm of civil liability is the extent to which it aligns with social justice. Throughout history, legislators have consistently endeavored to establish laws and regulations based on principles of justice. One such regulation is the Islamic Penal Code, whose articles and foundations have been extensively employed by judges and legal scholars in the domain of civil liability law. However, a major obstacle to realizing this goal has be

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16

Yanev, Lachezar, and Tijs Kooijmans. "Divided Minds in the Lubanga Trial Judgment: A Case against the Joint Control Theory." International Criminal Law Review 13, no. 4 (2013): 789–828. http://dx.doi.org/10.1163/15718123-01304001.

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The concept of co-perpetration and its proper construction continues to be a topic that causes controversy and fragmentation in the field of international criminal law. The latest proof of this is the Lubanga Trial Judgment in which the three judges disagreed on whether this mode of liability should be based on the theory of joint control over the crime. The present article examines and further develops Judge Fulford’s arguments against the adoption of this theory in cases brought before the International Criminal Court. It analyses the Rome Statute and its drafting history, as well as customa

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17

Oematan, Syarah Dyana, Debi F. Ng Fallo, and Orpa G. Manuain. "TINDAK PIDANA KORUPSI PROYEK EMBUNG MNELALETE KECAMATAN AMANUBAN BARAT KABUPATEN TIMOR TENGAH SELATAN PROVINSI NUSA TENGGARA." Juris 9, no. 1 (2025): 112–21. https://doi.org/10.56301/juris.v9i1.1619.

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Corruption is an irresponsible act that causes harm to the nation, the state, and society. The rampant occurrence of corruption in Indonesia is caused by various factors, one of which is the gap between the laws and regulations and the practices that occur in court. This gap ultimately makes perpetrators feel relatively safe when committing acts of corruption. In the case of Jemmy Unbanunaek, there was a discrepancy between the laws and the judge’s decision, as Jemmy was not a civil servant but was charged under Article 3 of the Corruption Eradication Act (UUTPK), which applies to civil servan

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18

Siregar, Bismar. "CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF THEFT WITH AGGRAVATION." Focus Hukum UPMI 2, no. 01 (2025): 105–11. https://doi.org/10.55751/jfhu.v2i01.132.

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Criminal liability for perpetrators of aggravated theft is an important aspect of the Indonesian criminal law system, which is regulated in Article 363 of the Criminal Code. Aggravated theft occurs when the perpetrator commits the crime of theft with certain conditions or factors that aggravate his actions, such as involving violence, breaking into a house, or stealing valuables. In this case, criminal liability does not only include the basic elements of theft, namely taking property belonging to another person with the intention of unlawfully possessing it, but also considers the existing ag

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19

Akhundova, Konul. "INTERNATIONAL AND NATIONAL LEGAL MECHANISMS OF JUDICIAL LIABILITY IN THE CONDITIONS OF ECONOMIC GLOBALISATION OF MODERN SOCIETY." Baltic Journal of Economic Studies 10, no. 5 (2024): 64–75. https://doi.org/10.30525/2256-0742/2024-10-5-64-75.

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The subject matter of the study is the conceptual, theoretical, empirical, methodological and applied foundations of international and national legal mechanisms of judicial liability in the context of economic globalisation of modern society. Methodology. The present study employed a combination of general scientific and special legal methodologies. Through meticulous analysis, the quantitative and qualitative characteristics of the economic and legal essence of an independent and impartial judiciary as the nation's sole arbiter of justice were systematically delineated. The synthesis yielded

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20

Afiftania, Lana Aulia, and Dian Purnama Anugerah. "Penerapan Prinsip Vicarious Liability dalam Pertanggungjawaban Perseroan Terbatas." Notaire 5, no. 3 (2022): 415–34. http://dx.doi.org/10.20473/ntr.v5i3.40084.

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AbstractA limited liability company is a legal subject capable of being responsible for the risks in carrying out its business. The principle of vicarious liability is the basis of a person’s responsibility for acts against the law of others. One of these principles is applied in the employer’s responsibility to his subordinates. This research is a legal research that uses a statutory approach, a conceptual approach, and a case approach. This study aims to analyze the legal relationship between a limited liability company and an employee related to the principle of vicarious liability and the

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21

Kotlán, Pavel, Alena Kozlová, and Zuzana Machová. "Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings." Sustainability 13, no. 14 (2021): 7886. http://dx.doi.org/10.3390/su13147886.

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Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effecti

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22

Yurevich, Yu. "Legal status of judges of the supreme Administrative tribunal of the Republic of Poland 1922-1939 y." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 239–44. http://dx.doi.org/10.24144/2307-3322.2022.71.40.

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The article is devoted to the historical-legal aspects of the requirements for candidates, appointment, job rights and responsibilities of judges of the Supreme Administrative Tribunal of the Republic of Poland 1922-1939, guarantees of their independence, dismissal and disciplinary liability. Socio-political reasons and preconditions for the formation and change of the regulatory framework for the legal status of judges of the Supreme Administrative Tribunal are highlighted. Its staff consisted of the first head, chairmen and judges. Only persons with legal education could become the fir

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23

Volobuiev, A. F. "Detention as a measure to ensure due legal procedure in criminal proceedings." Uzhhorod National University Herald. Series: Law 5, no. 86 (2025): 39–45. https://doi.org/10.24144/2307-3322.2024.86.5.5.

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The problematic issues of the institution of detention from the point of view of ensuring due legal procedure during criminal proceedings are investigated. The aim is to determine the essence of the detention of a person without a decision of the investigating judge (court), as well as the shortcomings of the current criminal procedural legislation regarding the legal regulation of this procedural measure. The starting point for this is the interpretation of the detention of a person as a compulsory procedural measure and the formulation of proposals for improving the legal mechanism for its i

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24

Radzinowicz, Leon. "Penal Regressions." Cambridge Law Journal 50, no. 3 (1991): 422–44. http://dx.doi.org/10.1017/s0008197300016172.

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Baron Raffaele Garofalo's memorable treatise Criminology ends (almost as an afterthought) with an Appendix entitled “Outline of Principles Suggested as a Basis for an International Penal Code”. In barely twelve pages he formulates: principles of criminal liability; an enumeration of categories of offenders; a system of penalties to be adopted to combat crime; and some basic rules of procedure for bringing offenders to justice. Garofalo was not a cranky, lofty or flamboyant idealist. Together with Cesare Lombroso and Enrico Ferri he was the founder of the famous Positivist School of Criminology

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25

Kelman, Mykhailo. "The Principle of Justice as a Requirement of Judicial Procedure." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 12, no. 46 (2025): 122–29. https://doi.org/10.23939/law2025.46.122.

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In order to find law, its instrumental component, i.e., the rules of law, are not law by themselves (this position is advocated by foreign researchers). What determines law is its functional component, i.e., the procedure of application to different people and different situations. The doctrinal changes in approaches to understanding the essence of legal proceedings and their purpose, the transition to the principle of adversarial proceedings could not affect both the process of judicial cognition and its results. A fair trial is carried out as a result of guaranteeing equality of the parties

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Faisyal Akbar, Maya Shafira, Emilia Susanti, Deni Achmad, and Dona Raisa Monica. "Pertanggungjawaban Hukum Terhadap Pelaku Promotor Perjudian Online." Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora 1, no. 5 (2024): 345–63. http://dx.doi.org/10.62383/aliansi.v1i5.448.

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The promotion of online gambling through social media such as Instagram and WhatsApp is increasingly attracting public interest, even though it violates the law in accordance with Article 27 Paragraph (2) of Law Number 19 of 2016. Case at the Tanjung Karang District Court (Number 892/Pid.Sus/2023/PN .TJK) revealed that online gambling promotion is a criminal offense with the threat of prison sentences and fines. What is the criminal liability of perpetrators who promote online gambling products and what is the basis for the judge's considerations in imposing criminal penalties on perpetrators

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27

Luluk Rahmania, Yusi, W. Widayat, and Pesona Person Renta. "Legal Liability of Automatic Instrument Results in Environmental Laboratory Analysis." E3S Web of Conferences 202 (2020): 05011. http://dx.doi.org/10.1051/e3sconf/202020205011.

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The environment is an essential part of human life. Hence, to protect the environment, the application of environmental permits is necessary. Renewable technology has been chosen by several laboratories as an effort to improve services to be fast and precise. This study aims to determine the legal basis and responsibility of errors found in the results of automated instrument analyses in an environmental laboratory. This research was conducted by interviewing Semarang District Court judges, legal experts, environmental experts, and literature study. The data was processed descriptively and ana

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28

Сивак, В. М. "Щодо притягнення голови суду до адміністративної та кримінальної відповідальності". Форум права, № 5 (28 листопада 2017): 362–67. https://doi.org/10.5281/zenodo.1204388.

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На основі аналізу наукових поглядів вчених та норм чинного законодавства України, досліджено адміністративну та кримінальну відповідальність голови суду. Наголошено, що юридична відповідальність голови суду є важливим стимулом дотримуватись не лише норм чинного законодавства під час виконання ним своїх службових обов’язків, а й дотримуватись високих морально-етичних цінностей суспільства, що в свою чергу дозволяє підтримувати та підвищувати довіру населення до судової гілки влади. На основе анализа научных взглядов ученых и норм действующего законодательства Украины, исследована админист

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Tjukup, I. Ketut, and I. Gusti Ayu Agung Ari Krisnawati. "Penyelesaian Sengketa Melalui Upaya Litigasi di Bidang Penegakan Hukum Lingkungan Keperdataan." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 2 (2019): 163. http://dx.doi.org/10.36913/jhaper.v4i2.84.

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Environmental dispute settlement through litigation lines is strictly regulated in Law No. 32 of 2009 on the Protection and Environmental Management. The former law pointed HIR and RBg, PERMA No. 1 2002 Event Class Action. HIR and RBg did not set a class action, strict liability, legal standing, citizen lawsuit. Rules pluralistic difﬁ cult as the legal basis of environmental law dispute resolution. Problematic in civil law will cause blurring of norms, conﬂict norms, norms vacancy, will bring the consequences of law enforcers. If the law enforcement believes the law is the law, so that the rul

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Bysaha, Yu, and I. Pyroha. "Powers and functional assignment of the High Council of Justice in the field of ensuring the independence of the judiciary." Uzhhorod National University Herald. Series: Law 2, no. 79 (2023): 432–37. http://dx.doi.org/10.24144/2307-3322.2023.79.2.68.

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The coverage of the material in this article is aimed at focusing attention on the peculiarities of the functioning of the justice system in Ukraine, in particular on the bodies that play an important role in the structure of ensuring the functioning of the independent judiciary. Formation of Ukrainian statehood in the 1990s. years of the 20th century, contributed to the need for judicial reform and the separation of the body, which was supposed to take on the function of assisting judges for the proper implementation of the provisions of Article 124 of the Constitution of Ukraine, that justic

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31

Panduwinata, Poppy Agustina, Hary Purwadi, and Widodo Tresno Novianto. "Notary Liability in Criminal Acts of Fraud Based on a Power of Buying Deed." Journal of World Science 1, no. 7 (2022): 511–21. http://dx.doi.org/10.36418/jws.v1i7.70.

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The aims of this study are as follows: a) To find out the violations committed by the notary in this case fulfill the elements of a criminal act of fraud as in determining Article 378 of the Criminal Code regarding fraud; b) To find out the basis for the consideration of the reviewing judge (PK) in deciding that the case is in accordance with the duties and authorities of a notary as regulated in the Law on Notary Positions. The method used in this research is the doctrinal method (doctrinal research) with secondary data sources. That the facts of the trial of Decision Number 20 PK/Pid/2020 st

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Panduwinata, Poppy Agustina, Hary Purwadi, and Widodo Tresno Novianto. "Notary Liability in Criminal Acts of Fraud Based on a Power of Buying Deed." Journal of World Science 1, no. 7 (2022): 511–21. http://dx.doi.org/10.58344/jws.v1i7.70.

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The aims of this study are as follows: a) To find out the violations committed by the notary in this case fulfill the elements of a criminal act of fraud as in determining Article 378 of the Criminal Code regarding fraud; b) To find out the basis for the consideration of the reviewing judge (PK) in deciding that the case is in accordance with the duties and authorities of a notary as regulated in the Law on Notary Positions. The method used in this research is the doctrinal method (doctrinal research) with secondary data sources. That the facts of the trial of Decision Number 20 PK/Pid/2020 st

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Kusumawati, Indriyani, and Yeti Sumiyati. "PENERAPAN PRINSIP BUSINESS JUDGEMENT RULE TERHADAP DIREKSI ATAS PERBUATAN MELAWAN HUKUM KARYAWAN KARENA MENETAPKAN DISKON PEMBELIAN EMAS ANTAM SECARA SEPIHAK." Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi 13, no. 1 (2021): 97–112. http://dx.doi.org/10.28932/di.v13i1.3880.

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      Unlawful acts cannot be separated by a violation of one's rights. This research is based on the phenomenon of directors who are penalized for unlawful acts committed by their employees. In 2021, PT Antam appealed to the court because the board of directors felt aggrieved by the judge's decision to impose damages on the directors of PT Antam. In fact, those who do illegal acts to the detriment of consumers are Eksi Anggraeni and the two employees, Misdianto and Ahmad Purwanto through the lure of discounts without the approval of the company. Limited Lia

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Al-Sharida, Mona Munir Mohammed Ali. "The Limits of Recompense in the Contractual Liability in Jordanian Civil Law." Revista de Gestão Social e Ambiental 18, no. 4 (2024): e06462. http://dx.doi.org/10.24857/rgsa.v18n4-111.

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Objective: In the initial portion, the researcher examined the notion of the contract as a foundation for contractual liability, elucidating the principle of the parties' intention and the position of the Jordanian Civil Law on it, as well as the prerequisites and fundamental elements of contractual liability. Theoretical Framework: In the second segment, I examined the evaluation of compensation in contractual liability through the employment of penalty clauses, as well as the legal characteristics of penalty clauses according to Jordanian Civil Law. The third segment examined the boundaries

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Yimer, Gebreyesus Abegaz, and Wim Decock. "Courts and Traditional Financial Institutions in Ethiopia: Selected Case Studies on Legal Hybridity." Proceedings of the Royal Academy for Overseas Sciences 1, no. 1 (2022): 27–42. https://doi.org/10.5281/zenodo.7398565.

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By drawing on the analysis of court records in Addis Ababa and the Amhara, Oromia and Tigray Regional States, this paper offers case studies on the conflicting encounter between the formal legal system and normative practices in the way judges deal with problems arising in traditional financial institutions known as “Eqqub” or “Iqub”. It is shown how, on a variety of topics — ranging from the legal capacity of Eqqub leaders to present members, through the legal validity of internal bylaws to the liability of guarantors — judges decide not only on the basis o

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Shain, Martin, and Gillian Higgins. "The intoxication defense and theories of criminal liability: a praxeological approach." Contemporary Drug Problems 24, no. 4 (1997): 731–63. http://dx.doi.org/10.1177/009145099702400405.

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This paper applies an emerging method of research, “legal praxeology,” to the study of decisions concerning intoxication as a defense to criminal charges. This method is based on the observation that judges import their own values, attitudes and beliefs into their decisions in identifiable ways. We observed this phenomenon in 40 cases and deduced that judicial views about the intoxication defense are organized around two major constructs that themselves are drawn from the substrate of judicial views concerning the basis of criminal liability in general. The resulting two-dimensional analytic f

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Asliani, Asliani. "Legal Analysis of Laundering in Article 137 Letter a of Law Number 35 of 2009 on Narcotics (Case Study Supreme Court Decision No. 994 PK / Pid.Sus / 2024)." International Asia Of Law and Money Laundering (IAML) 4, no. 1 (2025): 1–6. https://doi.org/10.59712/iaml.v4i1.115.

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Current technological developments help society and a country in doing daily activities, these activities can be engaged in economic, social and political. Wrong one act that uses the development of technology in the form of crimes involving financial system for example divert some money obtained from the proceeds of crime generally referred to as money laundering or money laundering ang done with trying to hide money through the bank to look like money earned from legitimate activity and avoid suspicion that the money is illegal. As for the a problem in this study is how criminal liability pe

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Hasbullah, Ghufron. "PENJATUHAN SANKSI KORUPSI DAN PERTANGGUNGJAWABAN TINDAK PIDANA KORPORASI DALAM TINDAK PIDANA KORUPSI." TARUNALAW : Journal of Law and Syariah 1, no. 02 (2023): 132–36. http://dx.doi.org/10.54298/tarunalaw.v1i02.114.

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Abstrack Currently, corporations have a very important role for society, both positive and negative sides. The negative side of the large role of corporations is committing acts of corruption. In many cases of corruption, corporations are often caught and punished. The same thing happened to Decision No. 3/Pid.Sus-TPK/2018/PT.DKI which dropped the Main Director as the party responsible for corrupt behavior by corporations. The main focus of this research lies in criminal liability and the imposition of sanctions given to corporations. To make it easier to analyze the decision, researchers used

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Muflihun, Abdul, and Ufran Ufran. "Pertanggungjawaban Pidana Bagi Pelaku Penyertaan (Deelneming) Yang Tidak Memiliki Kualitas Pribadi dalam Tindak Pidana Korupsi." JESS (Journal of Education on Social Science) 4, no. 1 (2020): 67. http://dx.doi.org/10.24036/jess.v4i1.247.

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This study was to determine the criminal liability for the actors of participants who did not have personal qualities in corruption and to find out the legal considerations of judges in court decisions against the actors of participants who did not have personal qualities in criminal acts of corruption. The research method used was a normative legal research method. Participants who had no personal quality could be held crimanally accountable, the basis of the consideration was first because there was no clear legal basis and secondly supported by the opinions of several experts in criminal la

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Admiral, Admiral, Puti Mayang Seruni, and Surizki Febrianto. "GOOD FAITH AS A BASIS FOR CONSUMER LIABILITY IN CASH ON DELIVERY (COD) TRANSACTIONS." Pena Justisia: Media Komunikasi dan Kajian Hukum 22, no. 3 (2023): 420. http://dx.doi.org/10.31941/pj.v22i3.3522.

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Cash on Delivery (COD) is a popular type of transaction in online buying and selling. However, the implementation of the COD feature creates the issue of consumers being reluctant to make payments after the goods have come as agreed. This unilateral cancellation may result in losses for the seller, the application, and the courier. The aim of this research is to examine the legal liabilities of consumers who make unilateral cancellations to prevent losses. This is normative research that employs secondary data from primary, secondary, and tertiary legal materials. The gathered data is then qua

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Al-Mansour, Haneen Mansour Khaled. "THE ROLE OF DISCRETION IN SHIFTING THE BURDEN OF PROOF IN CIVIL CASES." Journal of Southwest Jiaotong University 57, no. 5 (2022): 217–25. http://dx.doi.org/10.35741/issn.0258-2724.57.5.18.

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This study aims to consider the provisions of the role of discretion in shifting the burden of proof in civil cases. In fact, and contrary to the general rule that provides for the burden of proof to be for the plaintiff, we find that the discretion of the legislator plays a significant role in shifting the burden of proof from the liability of the plaintiff to that of his opponent through the legal presumption whether being simple or definite. Further, it is also the case concerning the discretion of the judge by using his discretionary authority in deriving the judicial presumptions from the

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Karnaukh, Bohdan. "Subjective Side (Mens Rea) of Aiding and Abetting War Crimes and Crimes Against Humanity in the Context of the Alien Tort Statute." Problems of legality, no. 162 (September 29, 2023): 279–96. http://dx.doi.org/10.21564/2414-990x.162.283690.

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The American Alien Tort Statute (ATS) is a landmark instrument on a global scale, since, based on its provisions, plaintiffs in American courts have sought compensation for human rights violations committed on other continents. Many of these cases involved war crimes and crimes against humanity. And since such large-scale crimes are almost never committed by a single perpetrator, one of the key issues before the courts in these cases was the question of establishing standards of liability for aiding and abetting such crimes. In considering these cases, the American courts based their decisions

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Karnaukh, Bohdan P. "Subjective Side (Mens Rea) of Aiding and Abetting War Crimes and Crimes Against Humanity in the Context of the Alien Tort Statute." Problems of legality 162 (2023) (September 29, 2023): 279–96. https://doi.org/10.21564/2414-990X.162.283690.

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The American Alien Tort Statute (ATS) is a landmark instrument on a global scale, since, based on its provisions, plaintiffs in American courts have sought compensation for human rights violations committed on other continents. Many of these cases involved war crimes and crimes against humanity. And since such large-scale crimes are almost never committed by a single perpetrator, one of the key issues before the courts in these cases was the question of establishing standards of liability for aiding and abetting such crimes. In considering these cases, the American courts based their decisions

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Annisa Ardhani, Bella, and Busyra Azheri. "PERTANGGUNGJAWABAN NOTARIS YANG MENERBITKAN AKTA BERISI KETERANGAN PALSU (STUDI KASUS PERKARA NOMOR 1362/PID.B/2019/PN.JKT.UTR)." SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, dan Pendidikan 2, no. 5 (2023): 1433–48. http://dx.doi.org/10.54443/sibatik.v2i5.808.

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A notary is a public official authorized to make authentic deeds. This authority must be carried out in accordance with the regulations stipulated in the Notary Office Act and not violate the Notary Code of Ethics. However, not a few notaries carry out their duties in accordance with the established regulations, resulting in a party being harmed and the notary being held accountable. This happened in the Decision on Criminal Case Number 1362/Pid.B/2019/Pn.Jkt.Utr. In this decision, notary R forged an authentic deed because he entered information that was not in accordance with the facts and al

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Jacob, Lidya Ari Vega, and Ariawan Gunadi. "Criminal Application by Judges Against Defendants of Mining Without Permits in Forest Areas." Jurnal Syntax Transformation 4, no. 12 (2023): 85–99. http://dx.doi.org/10.46799/jst.v4i12.880.

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 The use of criminal law in dealing with criminal acts of mining without a permit certainly does not always involve criminal sanctions, but sanctions can also be applied which have the same status as criminal sanctions. This research was conducted to determine the validity of the law related to criminal acts of mining without a permit in forest areas, to determine the criminal liability of defendants in criminal acts of mining without permits in forest areas according to Indonesian law and to find out the application of criminal penalties by judges to defendants of criminal acts of minin

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Jeličić, Mladen. "CHALLENGES OF APPLICATION AND INTERPRETATION OF REGULATIONS IN THE PRACTICE OF MISDEMEANOR COURTS." Journal of Criminology and Criminal Law 59, no. 2 (2021): 73–92. http://dx.doi.org/10.47152/rkkp.59.2.5.

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The author analyzes the always current issue of application and interpretation of regulations in the practice of misdemeanor courts. The scope and complexity of the matter in which misdemeanor courts act is pointed out, but also the fact that shortcomings in the regulation of regulations represent a major problem in court practice. The subject of the author's interest are the basic principles of application of law as the basic activity of misdemeanor courts, which is why the structure of the legal norm and the distinction between factual and legal issues are considered. Then, the notion of cou

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Fathanah, Putri, Sukmareni, and Yenny Fitri Z. "Pertanggungjawaban Pidana Terhadap Pelanggaran Standar Operasional Prosedur Pada Proses Penangkapan." Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 8, no. 2 (2023): 132–51. http://dx.doi.org/10.32505/legalite.v8i2.6848.

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In carrying out the task of arresting the existence of standard operating procedures, with the existence of standard operating procedures, it can build a methodical, deliberate, measurable, and representable framework according to the legal basis that guides it. In its implementation, there are many violations regarding standard operating procedures. One example is in the case of arrests that do not meet the standard procedures, and if the standard operating procedures are violated, then of course there is accountability that must be carried out. The results of this study aim to determine what

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Haloush, Haitham. "Rethinking traditional approaches of parties' autonomy in construction contracts: decennial liability as a case study." International Journal of Law and Management 62, no. 6 (2020): 577–89. http://dx.doi.org/10.1108/ijlma-04-2020-0089.

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Purpose Employers, contractors, subcontractors and engineers often believe that they have a “common language”, which consists of drawings and specifications, notwithstanding that drawings and specifications must be interpreted and understood in their legal context. Accordingly, due to the legal-technical aspects of construction, it is essential that construction contracts should strike the right balance between the interests of all stakeholders. The purpose of this paper is to examine this issue in depth. Design/methodology/approach To examine this issue in depth, this paper is divided into fo

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Hapsari, Recca Ayu, and Zikri Aldino Z. P. "Responsibility of Perpetrators of Murder with Same-Sex Romance Motive (Study of Decision Number: 64/Pid.B/2022/PN. Kot)." Rechtsnormen Journal of Law 2, no. 1 (2023): 32–43. http://dx.doi.org/10.55849/rjl.v2i1.517.

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Background. It is hoped that the judge will give a severe criminal verdict against the perpetrators of the crime of murder in order to have a deterrent effect on the perpetrators of the crime. Purpose. Gambling is a prohibited act as stipulated in Article 303 of the Criminal Code, 303 bis of the Criminal Code, and Article 27 paragraph (2) of the Law on information and electronic transactions. In verdict number 233/Pid.B/2022/Pn.Cbd the author found a discrepancy in the application of the article, so the problem in this study is "How is the application of the law of online gambling in verdict n

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Sa’adah, Nur. "TANGGUNG JAWAB PRIBADI DIREKSI TERHADAP UTANG PERSEROAN (Analisis Putusan Mahkamah Agung No: 1914 K/Pdt/2009 )." Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan 6, no. 2 (2017): 1. http://dx.doi.org/10.32493/jdmhkdmhk.v6i2.331.

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The responsibility of Directors of the Company's debt in case of Ultra Vires exonerated from his liability if the company's debt arising from the actions of Directors had exceeded its authority as may of Directors gai as stipulated in Law No. 40 of 2007 and Articles of Association of the Company are concerned. The reasons and legal basis proposed by the Company in the principal case as contained in Decision No. 1914 K / Pdt / 2009, ie in the form of excuse the absence of consent of Commissioners to the Board of Directors in making a financing agreement with a third party, not the basis for con

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