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Journal articles on the topic 'Court authority'

Author: Grafiati

Published: 3 June 2025

Last updated: 31 July 2025

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1

Wicaksono, Dian Agung, and Faiz Rahman. "Influencing or Intervention? Impact of Constitutional Court Decisions on the Supreme Court in Indonesia." Constitutional Review 8, no. 2 (2022): 260. http://dx.doi.org/10.31078/consrev823.

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The third amendment of Indonesia’s 1945 Constitution, conducted in 2001, had significant implications for the nation’s judiciary. It transformed the judiciary from a single to a dual structure. Consequently, there are two apexes of the judiciary: the Supreme Court and the Constitutional Court. Furthermore, the establishment of the Constitutional Court divided judicial review authority between the two apex courts. The Constitutional Court can review laws against the Constitution, while the Supreme Court has the power to review whether regulations, made under laws, contradict such laws. Although

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2

Grogan, Susan E., and John Brigham. "Constitution, Court, and Authority." Law & Society Review 22, no. 5 (1988): 1051. http://dx.doi.org/10.2307/3053656.

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Fakhriah, Efa Laela, and Yusrizal '. "KEWENANGAN MAHKAMAH SYAR’IYAH DI ACEH DIHUBUNGKAN DENGAN SISTEM PERADILAN DI INDONESIA." Jurnal Ilmu Hukum 4, no. 2 (2013): 112. http://dx.doi.org/10.30652/jih.v3i2.1814.

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Islamic law in Aceh justice by theSyar'iyah Court a Special Courtwithin the Religious Courts. Islamiclaw in Aceh Judicial (Syar'iyahCourt) is a special court in thereligious courts throughout thejudicial authority concerningreligious authority, and a specialcourt in the general judicialauthority concerning all judicialauthority generally. CourtSyar'iyah authority as specialcourts as described in Section 3A ofAct Number 3 of 2006 is no longerlimited in the field of civil, but alsoincludes field mu'amalah andjinayah. As part of the Indonesianjudicial system, the Court Syar'iyahhas two basic comp

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Beger, Randall R. "Illinois Juvenile Justice: An Emerging Dual System." Crime & Delinquency 40, no. 1 (1994): 54–68. http://dx.doi.org/10.1177/0011128794040001004.

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Trial courts have inherent powers, including the authority to punish for contempt. Historically, contempt charges were limited to adults who understood the consequences of deliberately disregarding a court order or challenging the court's authority. Illinois juvenile court judges now use contempt power to force nondelinquent status offenders to comply with routine court directives, a practice having no legal or historical precedent and conflicting with the legislative intent of the Illinois Juvenile Court Act.

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Plakhotnik, Oleh. "PROCEDURAL AUTHORITY OF THE COURT SECURITY SERVICE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 125 (2023): 65–73. http://dx.doi.org/10.17721/1728-2195/2023/1.125-12.

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The tasks, powers, rights and duties of the Court Security Service are defined in the paper. The article inspected the following: The norms of the Law of Ukraine "On the Judiciary and the Status of Judges", the Law of Ukraine "On the High Council of Justice", the Decision of the High Council of Justice "On Approving the Regulation on the Court Security Service", the Decision of the High Council of Justice "On Approving the Regulation on Completion of Service by Employees of the Court Security Service", the Law of Ukraine "On the National Police" and the Criminal Procedure Code of Ukraine, whic

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Siboy, Ahmad. "The integration of the authority of judicial institutions in solving general election problems in Indonesia." Legality : Jurnal Ilmiah Hukum 29, no. 2 (2021): 237–55. http://dx.doi.org/10.22219/ljih.v29i2.15608.

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The authority to adjudicate general election problems/ disputes scattered in various judicial institutions has made the resolution process drawn out and, complicated, creating overlapping powers and the potential for conflicting decisions between judicial institutions. This study examines how the judiciary's authority is regulated in adjudicating election problems, why it is necessary to integrate judicial authority, and how the concept of the judiciary's power is in judging all general election problems. This research aims to map the judiciary's power and find the judicial institution's desig

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Aitken, Lee. "Authority to Decide." University of Queensland Law Journal 40, no. 2 (2021): 306–9. http://dx.doi.org/10.38127/uqlj.v40i2.5777.

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   To realise that there is no Court in Australia with unlimited jurisdiction is at one stroke to recognise the continuing importance of Justice Leeming’s standard work, and the relevance of this second edition. The ‘autochthonous expedient’, as Sir Owen Dixon named it, has much to answer for: it leads inexorably to a bifurcated system of state and federal courts, which has many toils and snares for the unwary. To compound the problem, the state courts enjoy a large amount of ‘invested’ federal jurisdiction, which means that on many occasions they exercise it without apprecia

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Huda, Ainul. "Studi Komparatif Kewenangan Pengadilan TIPIKOR dan Wilayah Mazalim." Al-Jinayah Jurnal Hukum Pidana Islam 6, no. 2 (2020): 498–530. http://dx.doi.org/10.15642/aj.2020.6.2.498-530.

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The paper aims to determine and compare the authority of the TIPIKOR court and Wilayah Mazalim Courts in the Islamic judicial system. The results of the study showed the similarity and differences in both judicial systems. The similarity is that they were established specifically to handle and resolve corruption cases. It is their authority, the TIPIKOR Court and Wilayah Mazalim, to settle and solve corruption cases. The differences are that the TIPIKOR Court has a lower level of institutional position than Wilayah Mazalim. It is because of Wilayah Mazalim is equated with the Supreme Court of

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9

Muhammad, Hasanuddin. "LEGAL CONSTRUCTION AUTHORITY OF RELIGION COURT RUNNING THE EXECUTION OF SHARIA ECONOMIC DISPUTS." Yurispruden 3, no. 1 (2020): 106. http://dx.doi.org/10.33474/yur.v3i1.5032.

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Since being given the authority to try Islamic economic cases, in 2018 at the first level the religious court has handled 347 cases. Of the 347 cases, 183 cases have been decided. Cases that have been decided need a clear legal umbrella to carry out the contents of the decision. So in this paper the author will try to explain the construction of the authority of the religious court to execute Islamic economic dispute execution. The authority of the religious court in handling Islamic economic disputes was born after the issuance of Law No. 03 of 2006 concerning Religious Courts and was strengt

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Avdasheva, Svetlana B., and Svetlana V. Golovanova. "Concerted practice enforcement in Russia: How judicial review shapes the standards of evidence and number of enforcement targets." Russian Journal of Economics 6, no. 3 (2020): 239–57. http://dx.doi.org/10.32609/j.ruje.63.51277.

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A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study of interaction between commercial courts of first instance, the Highest Court, the competition authority as enforcer, market participants and the legislator to influence the standards of liability under investigation of concerted practice. We examine the judicial review of infringement decisions on conc

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Avdasheva, Svetlana B., and Svetlana V. Golovanova. "Concerted practice enforcement in Russia: How judicial review shapes the standards of evidence and number of enforcement targets." Russian Journal of Economics 6, no. (3) (2020): 239–57. https://doi.org/10.32609/j.ruje.63.51277.

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A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study of interaction between commercial courts of first instance, the Highest Court, the competition authority as enforcer, market participants and the legislator to influence the standards of liability under investigation of concerted practice. We examine the judicial review of infringement decisions on conc

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12

Friatna, Ida. "SHARIA ECONOMIC DISPUTE SETTLEMENT AT THE SYAR'IYAH COURT OF BANDA ACEH AND LHOKSEUMAWE." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 14, no. 1 (2024): 97. http://dx.doi.org/10.22373/dusturiyah.v14i1.19984.

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Contracts that occur between the parties often end in disputes that result in conflicts and disputes, thus requiring legal settlement. Settlement of sharia economic disputes can be done through litigation (religious court/syar'iyah court) or through non-litigation (arbitration). This study wants to find answers to the following questions: what are the reasons behind the occurrence of sharia economic disputes?; How is the authority and mechanism of the syar'iyah court to resolve sharia economic disputes? and are there any obstacles faced by the Syar'iyah Court of Banda Aceh and the Syar'iyah Ma

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ACHMAD, AMRINA HABIBI. "DUALISME PENERAPAN HUKUM BAGI PELAKU KEKERASAN SEKSUAL TERHADAP ANAK." Vol. 20 No 2 Oktober 2019, no. 20 (January 13, 2020): 267–90. http://dx.doi.org/10.23969/litigasi.v20i2.1561.

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National law regulating child protection stipulates that every child has the right to secure protection, one of which is from sexual crimes, and gives the authority to adjudicate the case to the juvenile court under the district court. But on the other hand, the local law in force in Aceh stipulates that the authority is to adjudicate cases of sexual violence against children to the Sharia Court. Both of these regulations give rise to legal dualism that governs the same case in the Aceh jurisdiction, so that it can cause problems in its enforcement. This article intends to question the impleme

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Febri Jaya, Winda Fitri, and Leny Pelita Besouw. "CERTAINTY REGARDING LEGAL CHOICES BETWEEN RELIGIOUS COURTS AND DISTRICT COURTS REGARDING APPLICATIONS FOR DETERMINING HEIRS." Bengkoelen Justice : Jurnal Ilmu Hukum 13, no. 2 (2023): 182–93. http://dx.doi.org/10.33369/jbengkoelenjust.v13i2.31298.

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In accordance with the research title listed above, Indonesia has three legal systems that regulate inheritance, namely; Islamic inheritance law which is based on and uses the holy book Al-Quran as its source, western civil inheritance law which originates from Burgerlijk Wetboek (hereinafter referred to as the Civil Code), and finally customary inheritance law based on the customs of the community itself, this cannot be separated from from the role of each court that handles it. Therefore, the author needs to conduct research on the certainty of legal choices between religious courts and dist

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15

Dwianto, Arditio, Nurul Hanani, and Hizbulloh Hadziq. "Batasan Kompetensi Absolut Pengadilan Agama (Analisis Putusan Peninjauan Kembali Nomor 672 PK/Pdt/2016)." Mahakim: Journal of Islamic Family Law 6, no. 1 (2022): 1–23. http://dx.doi.org/10.30762/mahakim.v6i1.144.

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In adjudicating a case, the court as the executor of judicial power of course sees whether it has the authority to adjudicate the case submitted by the plaintiff based on the absolute competence of each court within a particular judicial institution. However, in practice, there are courts in the general judiciary which consider the case being submitted by the plaintiff to be their authority, even though when referring to the applicable provisions, the case submitted by the plaintiff is essentially a case whose authority lies with the court in the religious court institution. This study discuss

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Zainal Abidin. "Position and Authority of the Constitutional Court in the Constitutional System of the Republic of Indonesia." JUSTICES: Journal of Law 2, no. 4 (2023): 221–27. http://dx.doi.org/10.58355/justices.v2i4.38.

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The Constitutional Court is the only institution with the same position as the Supreme Court, which means that these two courts are the two highest institutions in the judiciary. The Supreme Court is influenced by the Constitutional Court's status as an independent state institution in the judicial sector. Previously, the Supreme Court, which supervised other courts, was the highest institution, but after the establishment of the Constitutional Court, justice was organized by the judiciary. Even with the existence of the Constitutional Court, the power of the Supreme Court in terms of judicial

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17

Lailam, Tanto, and M. Lutfi Chakim. "A PROPOSAL TO ADOPT CONCRETE JUDICIAL REVIEW IN INDONESIAN CONSTITUTIONAL COURT: A STUDY ON THE GERMAN FEDERAL CONSTITUTIONAL COURT EXPERIENCES." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 10, no. 2 (2023): 148–71. http://dx.doi.org/10.22304/pjih.v10n2.a1.

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The study aims to propose an adoption to concrete judicial review in Indonesian Constitutional Court based on the experiences of the German Federal Constitutional Court. It was motivated by the weak protection of citizen’s constitutional rights in ordinary court; and the absence of concrete judicial review authority at the Indonesian Constitutional Court. This study used doctrinal legal research method with legal documents or regulations, cases, and comparative analyses. This concrete review confirms the role of judges of ordinary courts in proceeding with the constitutional system, especially

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18

Suhariyanto, Budi. "Masalah Eksekutabilitas Putusan Mahkamah Konstitusi oleh Mahkamah Agung." Jurnal Konstitusi 13, no. 1 (2016): 171. http://dx.doi.org/10.31078/jk1318.

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Normatively constitutional court and supreme of court has on equal position with a different authority. However, there is a relationship of authority and point of contact. Morever, potential to cause disharmony on law enforcement. For example, on implementation of the constitutional court’s decision directly followed by the decision of the supreme court but some others not. The constitutional court’s decision characteristic are final and binding general (erga omnes), at the same level with legislation (negatif legislator), undirectly binding and enforced by the supreme court. Fundamentally, ju

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19

Witro, Doli. "Decisions And Authority Of The Religious Courts On Sharia Economic Disputes." Jurnal MEDIASAS : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah 4, no. 2 (2021): 165. http://dx.doi.org/10.58824/mediasas.v4i2.311.

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This article discusses one of the court products focused on the verdict. The presentation of the decision is divided into three sub-discussions, namely the understanding of court decisions, types and developments of court decisions in sharia economic cases, and legal remedies against sharia economic decisions. This article aims to find out how the decisions of Religious Courts regarding sharia economic disputes are used. The method used in this article is normative juridical, which is carried out qualitatively. The materials in this article come from laws, decisions of the Constitutional Court

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20

Ngadi, Ronal. "Disharmonization of the Authority of Judicial Institutions Regarding the Implementation of Executions on Mortgage Objects of Sharia Economic." Jambura Law Review 6, no. 1 (2024): 126–49. http://dx.doi.org/10.33756/jlr.v6i1.20692.

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This research aims to analyze the disharmonization of authority between Religious Courts and District Courts in executing the rights of mortgage objects of Sharia economics originating from conflicts of norm in Law Number 50 of 2009 on Religious Court and Law Number 21 of 2008 on Sharia Banking. This research is a type of normative legal research, using statutory approach and case approach. Juridically, the Religious Court is a judicial body that has absolute authority to examine, adjudicate, and settle all stages of Sharia economic dispute legal processes through litigation (ordinary court) t

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21

La Ode Angga, La Ode Angga. "The Harmonization of Authority of Supreme Court, Constitution Court, and the Judicial Commission." FIAT JUSTISIA:Jurnal Ilmu Hukum 12, no. 1 (2018): 45. http://dx.doi.org/10.25041/fiatjustisia.v12no1.1203.

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The Harmonization of the Authority between Supreme Court (MA) institutions The Constitutional Court (MK) and Judicial Commission (KY) is a must. It is done by way of revision of the Law of the Supreme Court, MK and KY for the harmonization of authority. However, if the revision finds a dead end, then the fifth amendment (5) of the 1945 Constitution of the State of the Republic of Indonesia (UUDNRI 1945) is limited to be reconstructed by the provision of Article 24B paragraph (1) of the 1945 Constitution by affirming the authority of KY clear so that it is not considered to interfere with judic

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Kasim, Helmi, Syukri Asy’ari, Meyrinda R. Hilipito, and Rio Tri Juli Putranto. "Kompatibilitas Metode Pembuktian dan Penafsiran Hakim Konstitusi dalam Putusan Pemilukada." Jurnal Konstitusi 9, no. 4 (2016): 713. http://dx.doi.org/10.31078/jk946.

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Decision-making in the Settlement of Local Election Dispute at the Constitutional Court is based on the conviction of the justices after examining evidence submitted by the parties. Meanwhile, the law has limited the authority of the Court which is simply to rule on the result of vote count in the local election. Therefore, through interpretation, the Court has created new norms in its decision concerning local election.In some of its decisions, the Court broadened its authority in the settlement of local election dispute which is to include the process of the election. The dictum of the decis

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Subiyanto, Achmad Edi. "Mendesain Kewenangan Kekuasaan Kehakiman Setelah Perubahan UUD 1945." Jurnal Konstitusi 9, no. 4 (2016): 661. http://dx.doi.org/10.31078/jk944.

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After the Amendment of the 1945 Constitution of The Republic of Indonesia, The Judicial Power has become the most fundamentally power and also as a part of the axis of power which its function is to enforce justice. According to the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power in the structure of state power, is still placed at the power that is free from intervention or influence from other power in exercising its authority. In the structure of state power, after the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power shal

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Ratna Amalia, Cindy, and Astika Nurul Hidayah. "Penyelesaian sengketa Perbankan Syariah di Luar Pengadilan Agama." Jurnal Hukum In Concreto 3, no. 1 (2024): 15–26. http://dx.doi.org/10.35960/inconcreto.v3i1.1294.

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Law of the Republic of Indonesia Number 21 of 2008 concerning Sharia Banking still raises problems in the process of resolving cases within the scope of Sharia Banks. The scope of the Religious Courts and the General Courts have the same authority in resolving Islamic Banking disputes in Indonesia. This research was conducted to explore and analyze the absolute authority of judicial institutions in Indonesia in resolving cases related to Islamic banking in Indonesia. This research is normative juridical in nature by approaching the applicable laws and regulations associated with the legal issu

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Rusjana, Muhamad. "FUNGSI PENGAWASAN PERADILAN TATA USAHA NEGARA TERHADAP PERBUATAN PEMERINTAH PASCA UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN." PRANATA HUKUM 14, no. 2 (2019): 157–64. http://dx.doi.org/10.36448/pranatahukum.v14i2.83.

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The Administrative Court in the Indonesian Law State is one manifestation of the function supervision by the judicial authorities on the actions of the government. The function of supervision or adjudication of the Administrative Court is to examine, decide and resolve Administrative disputes. The Regulations of administrative law Number 30 of 2014 concerning Government Administration has implications for the expansion of the competence the Administrative Court. The presence of this expansion certainly leads a changes, one of them is the function supervision of the Administrative Court. Based

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Nurwigati, Nurwigati. "Harmonization Of State Administrative Court Law And Other Laws Concerning The State Administrative Courts Exclusive Authority." Prophetic Law Review 4, no. 2 (2022): 241–63. http://dx.doi.org/10.20885/plr.vol4.iss2.art6.

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This study describes and analyzes the urgency of harmonizing the exclusive authority of State Administrative Court as stipulated in the State Administrative Court Law and Non-State Administrative Court Law, and how to do this harmonization in relation to the implementation of legality principles, the theory of hierarchical regulations, and laws on the establishment of laws and regulations. As normative research using statutory and conceptual approaches, this research used a descriptive qualitative analytical method. It is expected that the results of this research can contribute to the develop

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Yudin, Andrey V. "The Court Decision on The Recognition of an Act of Public Authority as Illegal: Limits of Discretion." Zakon 20, no. 1 (2023): 24–32. http://dx.doi.org/10.37239/0869-4400-2023-20-24-32.

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The article deals with the problem of restoring the violated rights of an applicant or an administrative plaintiff in cases of administrative proceedings considered by arbitrazh courts and courts of general jurisdiction. The author states that at the moment there are two approaches of judicial practice to ways of restoring the rights of a person in cases of challenging an act of an authority: according to the first, the court, recognising the relevant act as illegal, obliges the authority to re-examine the issue on which the decision was made; according to the second approach, the court oblige

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Pacelle, Richard L., and Lawrence Baum. "Supreme Court Authority in the Judiciary." American Politics Quarterly 20, no. 2 (1992): 169–91. http://dx.doi.org/10.1177/1532673x9202000202.

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Fowler, James H., and Sangick Jeon. "The authority of Supreme Court precedent." Social Networks 30, no. 1 (2008): 16–30. http://dx.doi.org/10.1016/j.socnet.2007.05.001.

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Friwarti, Sri Dwi, Ida Rahma, and Budi Handoyo. "The Existence of the Sharia Court in the Mechanism of Legal Integration in Aceh." FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman 7, no. 2 (2021): 329–48. http://dx.doi.org/10.24952/fitrah.v7i2.4524.

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The presence of the Sharia Court in Aceh Province has further strengthened the authority to implement Islamic law in this province. However, there are several things that must be considered so that the rule of law can be realized namely: structural, substantial and cultural aspects. Law enforcement will work if these three aspects are carried out continuously. Nevertheless, there are still a number of legal experts and legal practitioners who have not been able to accept the delegation of authority for criminal cases (jinayat) to the Sharia Court. In fact, the presence of the sharia court as a

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Ika Novitasari and Asrullah Asrullah. "Human Rights In The Justice System In Indonesia." Journal of Scientific Research, Education, and Technology (JSRET) 1, no. 2 (2022): 423–32. http://dx.doi.org/10.58526/jsret.v1i2.125.

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To ensure the recognition and protection of human rights, Indonesia has several legal instruments related to human rights. Specifically to try gross human rights violations, Law Number 26 of 2000 concerning Human Rights Courts was enacted. The Human Rights Court is a court within the General Court which is only assigned and authorized to examine and decide cases of gross human rights violations. Investigations into cases of gross human rights violations are within the authority of the National Human Rights Commission. The investigation and prosecution of gross human rights violations is the au

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Fariana, Andi. "PERAN STRATEGIS PENGADILAN AGAMA DALAM PENYELESAIAN SENGKETA EKONOMI SYARI`AH." AL-IHKAM: Jurnal Hukum & Pranata Sosial 10, no. 2 (2016): 228–51. http://dx.doi.org/10.19105/al-lhkam.v10i2.720.

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One of the factors that give the highest contribution in the growth of national economy is the growth of sharia economy. The fast growth of sharia economy makes a dispute settlement is one of the thing that has to be noted. Religious courts as a litigation institution that have the absolute authority based on Undang-Undang Peradilan Agama and enforced with the Keputusan Mahkamah Konstitusi No. 93 Tahun 2012 have the advantage and obstacles on its own, from the perspective of the history of the existence of religious court or from the perspective of sharia economy dispute settlement authority.

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Sukmareni, Sukmareni, Roni Efendi, and Riki Zulfiko. "THE DISTINCTION LAW OF PROCEDURE OF CORRUPTION CASE AND THE GENERAL COURT IN INDONESIAN CRIMINAL JUSTICE SYSTEM." JCH (Jurnal Cendekia Hukum) 6, no. 2 (2021): 302. http://dx.doi.org/10.33760/jch.v6i2.337.

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The Corruption Crime Court which based on Article 5 of the corruption Court Law has the authority to examine, adjudicate and decide on the corruption crime cases, money laundering crimes that was initiated by corruption crime and criminal acts that are expressly stipulated in other laws that considered as corruption act. The existence of sovereignty possessed by the State gives rise to jurisdiction (the authority to judge) in regulating the needs of the state both internally and externally. As a sovereign country, Indonesia has jurisdiction in resolving internal and external problems. There ar

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Ira, Maulana. "Kewenangan Penyelesaian Sengketa Ekonomi Syariah Pasca Uu No. 3 Tahun 2006 Tentang Peradilan Agama." Jurnal Penelitian Dan Pengkajian Ilmiah Sosial Budaya 1, no. 2 (2022): 265–77. http://dx.doi.org/10.47233/jppisb.v1i2.483.

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This study aims to describe the issuance of Law Number 3 of 2006 concerning the Religious Courts which has increased the authority of the Religious Courts. The mandate of the law instructs religious courts to not only accept, examine, decide, and adjudicate marriage and inheritance cases, but also have the authority to resolve sharia economic disputes. This research uses a normative juridical research method. Normative juridical research is research that examines various laws and regulations that apply or are applied to a particular legal problem. Normative juridical law research is often refe

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Harun, Refly. "Rekonstruksi Kewenangan Penyelesaian Perselisihan Hasil Pemilihan Umum." Jurnal Konstitusi 13, no. 1 (2016): 1. http://dx.doi.org/10.31078/jk1311.

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Construction of authority in the settlement of dispute over the result of local election is still in transformation to become the ideal format. At the same time, the authority in the settlement of election dispute which is distributed to many agencies is also demanding simplification. The fact requires that there must be reconstruction on the settlement of all kinds of legal problems in election, including the dispute over local election results. Related to this, one of the proposals offered through this paper is the simplification of settlement system and the courts involved in the settlement

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Sumerta Yasa, Putu Gede Arya, Wita Setyaningrum, and Kadek Agus Sudiarawan. "Unlawful Administrative Act: Indonesian Administrative Law Perspective." Varia Justicia 17, no. 2 (2021): 160–70. http://dx.doi.org/10.31603/variajusticia.v17i2.5172.

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This study aims to analyze and examine the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials. This study was normative legal research using a statutory approach and a conceptual approach. The primary legal materials uses in this study including Indonesian Civil Code (Burgerlijk Wetboek), Supreme Court Regulation (hereinafter PERMA) Number 2 of 2019 concerning Guidelines For Dispute Settlement Of Government Actions and Authority to Hearing Unlawful Acts By A Government Board An

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Mouland, Satya Talwar. "Enforcing International Arbitral Authority in National Courts." Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 86, Issue 1 (2020): 39–49. http://dx.doi.org/10.54648/amdm2020004.

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According to the orthodox approach in major arbitration texts, arbitration is considered as operating outside state structures. States consent to arbitration on the basis of the arbitration agreement, and the scope of national court power is inherently restricted by this. In the words of Redfern and Hunter, arbitration is a “private form of justice”, thus outside the public purview of national courts. However, a number of recent cases, in which states have invoked the principle of state immunity in an attempt to exclude the jurisdiction, have given national courts the opportunity to consider t

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Rabello, Alfredo Mordechai. "Civil Jewish Jurisdiction in the Days of Emperor Justinian (527–565): Codex Justinianus 1.9.8." Israel Law Review 33, no. 1 (1999): 51–66. http://dx.doi.org/10.1017/s0021223700015892.

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The extent to which the Roman government which had conquered the Land of Israel (Palaestina) as well as large areas outside of it (collectively termed the Roman Empire) permitted Jewish courts to rule in matters regarding Jews is a question which has attracted relatively little attention. In his fundamental book Les Juifs dans l'Empire Romain the renowned scholar Jean Juster sums up the situation of the Jewish judiciary as such: “After the fall of Jerusalem, the Jews continued to bring their cases not only before Jewish judges (whom it was possible to define as arbiters) but even before actual

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Taqiyya, Zidny, Asropi, and Ratri Istania. "Human Resources Management Strategy in the Military Justice Environment: Study of State Civil Apparatus Management at the High Court of the Supreme Court of the Republic of Indonesia." International Journal of Science and Society 5, no. 5 (2023): 298–320. http://dx.doi.org/10.54783/ijsoc.v5i5.889.

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The Supreme Court is a judicial institution vested with authority to exercise judicial power in four separate branches of the judiciary, namely the General Courts, Religious Courts, Administrative Courts, and Military Courts. The Military Court, in particular, serves as the judicial body responsible for upholding the law and justice for members of the Indonesian National Armed Forces (TNI). Unlike the other three branches of the judiciary, the Military Court system consists of three appellate courts and one main court. The existence of these four courts is governed by Law Number 31 of 1997 on

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Mahyudin, Mahyudin, Edy Haryanto, and Rahmah Marsinah. "Impact of Structured, Systematic and Massive Violations In the General Election." Law and Justice 5, no. 2 (2020): 175–95. http://dx.doi.org/10.23917/laj.v5i2.11811.

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Authority in resolving disputes regarding the results of general elections is the authority of the constitutional court granted by the constitution. While the authority in resolving violations is structured, systematic and massive is the authority of the electoral supervisory body granted by law. In the dispute over the results of the general election, which was decided by the constitutional court, the constitutional court did not have the authority to test the petition filed on the basis of a structured, systematic and massive violation because the constitutional court only based on the dispu

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Levine, Ari Daniel. "Court and Country." Medieval History Journal 19, no. 2 (2016): 351–93. http://dx.doi.org/10.1177/0971945816654817.

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The Northern Song Empire (960–1127) was the most spatially integrated and bureaucratically centralized polity in the late medieval world, and its rulers articulated ideological claims to unitary and universal sovereignty. Both its monarchs and ministers shared a discourse of authority that postulated the throne as the only legitimate source of authority, which was not openly challenged by organized blocs of aristocratic, religious, or urban elites. Yet, the Northern Song Empire was much less autocratic in practice than in theory, since monarchs chose to delegate the making of state policy and

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A. Pegg, Richard. "The Star Charts of Ignatius Kögler (1680–1746) in the Korean Court." Journal of Jesuit Studies 6, no. 1 (2019): 44–56. http://dx.doi.org/10.1163/22141332-00601004.

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Star-chart screens based on the work of the Jesuit Ignatius Kögler (1680–1742), functioned in the eighteenth-century Korean court as a way of consolidating imperial authority around the calendar and more broadly conceptions of space and time. This occurred in the aftermath of the collapse of Ming calendrical authority and in the context of the developing relationship between Korea and the Qing court. The network of envoys that brought back astronomical science between the Joseon court in Korea and the Ming and Qing courts in China is discussed, and Kögler’s star chart of 1723 is compared with

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Baum, Lawrence. "Specialization and Authority Acceptance: The Supreme Court and Lower Federal Courts." Political Research Quarterly 47, no. 3 (1994): 693. http://dx.doi.org/10.2307/448849.

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Baum, Lawrence. "Specialization and Authority Acceptance: The Supreme Court and Lower Federal Courts." Political Research Quarterly 47, no. 3 (1994): 693–703. http://dx.doi.org/10.1177/106591299404700307.

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Syam, Elvi Susanti, H. Edi Supriyanto, Andi Hartawati, and Sumiyati B. "Execution of State Administrative Judicial Decisions a Mirror of the Authority Court." Journal of Law and Sustainable Development 12, no. 1 (2024): e2571. http://dx.doi.org/10.55908/sdgs.v12i1.2571.

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Objective: This study aims to examine the significance and effectiveness of the execution of state administrative judicial decisions as a reflection of the authority of the court. It delves into understanding how the execution process mirrors the court's capacity to ensure compliance with its decisions within the state administrative framework. Theoretical Framework: Drawing upon legal theories of administrative law and judicial authority, this research situates itself within the context of the separation of powers doctrine and the judicial function in administrative matters. It also explores

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Hamzah, Munira, Arfin Hamid, and Famauri A. Tenri. "Optimization of Justice Institutions in Cancellation of Sharia Arbitration Decisions." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (2019): 250. http://dx.doi.org/10.18415/ijmmu.v6i5.1076.

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This study aims to examine and analyze the role of the judiciary in the cancellation of the Sharia Arbitration award as an alternative settlement of sharia economic disputes. This research uses a type of normative legal research and a law and conceptual approach. The data obtained both primary and secondary data are then analyzed using qualitative descriptive methods. The results of the analysis show that the judiciary has the authority to adjudicate requests to cancel the Sharia Arbitration decision, namely the Religious Courts as a forum that represents Islamic justice in Indonesia. With thi

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Betz, Adam Thomas. "Epistemic Authority, Sovereignty, and Selective Conscientious Objection." Social Theory and Practice 44, no. 4 (2018): 507–38. http://dx.doi.org/10.5840/soctheorpract201891346.

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This paper discusses some of the practical difficulties confronting Jeff McMahan’s proposal of a jus ad bellum court of experts for deciding the justice of war, and recommends two revisions. First, following the earlier proposals of Vitoria, Suarez, and Grotius, leaders could have a say in appointing judges to the ad bellum court; second, the court could be an organ of the International Criminal Court. Though significant practical challenges remain, these revisions make McMahan’s proposal fairer to democratic governments, and give the court a better chance for successful implementation in the

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J. Shaw, Gary, Michael Evan Jaffe, and Lindsey Mitchell. "Exercising Governmental Authority to Claim Section 1782 Assistance: What Does It Mean?" Journal of International Arbitration 39, Issue 6 (2022): 863–80. http://dx.doi.org/10.54648/joia2022036.

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On 13 June 2022, the Supreme Court published a highly anticipated decision in two consolidated cases that limited the availability of 28 USC § 1782. The Court ruled (1) that § 1782 was only available to arbitral tribunals exercising governmental (sovereign) authority; and (2) that neither private contract-based arbitral tribunals nor many investor-state arbitral tribunals meet the sovereign authority test. From a broad strokes perspective, the Court’s narrow reading of § 1782 resolved the split among the Courts of Appeals. The decision left open, however, important questions that will no doubt

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Mpesau, Alasman. "KEWENANGAN BADAN PENGAWAS PEMILU DALAM PENANGANAN PELANGGARAN ADMINISTRASI DITINJAU DARI PERSPEKTIF SISTEM PERADILAN INDONESIA." Audito Comparative Law Journal (ACLJ) 2, no. 2 (2021): 74–85. http://dx.doi.org/10.22219/aclj.v2i2.16207.

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In the General Election and Regional Head Election Law, the Election Supervisory Board (Bawaslu) has the authority supervisory to each Election stages, it is the center for law enforcement activities of the Election (Sentra Gakkumdu) to criminal acts and carrying out the judicial functions for investigating, examining, and decided on administrative disputes of General Election and Regional Head Election. With the Bawaslu’s authority then placed as a super-body institution in the ranks of the Election Management Body, due to its essential role in building a clean and credible electoral system,

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Dumas, Anna, and Piotr Pietrasz. "Judicial Interpretation of the Tax Law Provisions and Protection of the Subjective Rights of Taxpayers – In the Light of Art. 153 of the Act on Proceedings Before Administrative Courts in Poland." Studies in Logic, Grammar and Rhetoric 33, no. 1 (2013): 77–99. http://dx.doi.org/10.2478/slgr-2013-0015.

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Abstract This article refers to the issues associated with the crucial significance of the interpretation of tax law provisions made by administrative courts in the course of the judicial inspection of tax decisions, within the context of protecting the subjective rights of taxpayers. The analysis in that regard has been prepared based on the provisions of art. 153 of the Act of 25 July 2002 on Proceedings before Administrative Courts, which expresses the important rule of binding the court and the administrative authority, whose act was the subject of an appeal, with a legal assessment and in

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