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Journal articles on the topic 'Public law dispute'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Sianturi, Michael, Ari Dwi Putra, and Muhammad Fernanda. "Analysis of Patterns for Settlement of Dispute Rights to Land of Indigenous Law Communities." Return : Study of Management, Economic and Bussines 1, no. 02 (2022): 72–84. http://dx.doi.org/10.57096/return.v1i02.15.

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Backgrounds: Solution Dispute on soil Public law custom conducted through discussion for consensus with each other honor the position of each party that also involves Local Government . aim: for analyze pattern solution dispute right on soil Public law custom Methods: use p approach comparative approach _ this conducted with stage studies comparison law . Findings: Solution disputes that can taken in solution dispute soil ulayat is through discussion for consensus and solution through track law that is lawsuit to State Administrative Court for get certainty law and protection

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Sianturi, Michael, Ari Dwi Putra, and Muhammad Fernanda. "Analysis of Patterns for Settlement of Dispute Rights to Land of Indigenous Law Communities." Return : Study of Management, Economic and Bussines 1, no. 2 (2022): 72–84. https://doi.org/10.57096/return.v1i2.15.

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Backgrounds: Solution Dispute on soil Public law custom conducted through discussion for consensus with each other honor the position of each party that also involves Local Government . aim: for analyze pattern solution dispute right on soil Public law custom Methods: use p approach comparative approach _ this conducted with stage studies comparison law . Findings: Solution disputes that can taken in solution dispute soil ulayat is through discussion for consensus and solution through track law that is lawsuit to State Administrative Court for get certainty law and protection for the parties t

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3

Leshchina, E. L. "The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions." Lex Russica, no. 9 (October 2, 2021): 21–31. http://dx.doi.org/10.17803/1729-5920.2021.178.9.021-031.

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The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a com

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Astreyko, Viktoriya Viktorivna. "Mediation as an alternative way of resolving disputes in public-law relations." Alʹmanah prava, no. 15 (September 1, 2024): 481–86. https://doi.org/10.33663/2524-017x-2024-15-481-486.

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The article is devoted to establishing the possibilities and features of using mediation in public-law relations as one of the alternative ways of resolving disputes in this area. Taking into account Recommendation (2001) 9 of the Committee of Ministers of the Council of Europe on alternatives to judicial review of disputes between administrative bodies and parties-persons, the Code of Administrative Procedure, the Laws of Ukraine «On Mediation», «On Administrative Procedur», it has been proven that mediation can be applied not only in the sphere of administrative proceedings, but also in proc

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Kyrii, O. A. "LEGAL NATURE AND CONTENT OF THE AGREEMENT BASED ON THE RESULTS OF PRE-TRIAL SETTLEMENT ADMINISTRATIVE AND LEGAL DISPUTES." Constitutional State, no. 53 (April 15, 2024): 52–62. http://dx.doi.org/10.18524/2411-2054.2024.53.300721.

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The article clarifies the essence and reveals the content of the legal nature of an agreement based on the results of the pre-trial settlement of administrative and legal disputes. The content of the agreement based on the results of the pre-trial settlement of public law disputes is investigated. As a result of the study, it is established that scholars often refer an agreement based on the results of pre-trial settlement of a public law dispute to a certain branch of law, namely, they consider it to be a type of civil law or administrative law contract. The author identifies the essential fe

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Bimasakti, Muhammad Adiguna. "DISPUTE SETTLEMENT IN THE OMBUDSMAN AND THE COURT OF LAW REGARDING COMPENSATION IN PUBLIC SERVICE DISPUTE." Jurnal Hukum dan Peradilan 10, no. 2 (2021): 277. http://dx.doi.org/10.25216/jhp.10.2.2021.277-299.

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Public Service is the embodiment of the main tasks of a governance. But in its implementation sometimes it also causes disputes due to losses experienced by community members due to a bad public service. Therefore Law No. 25 of 2009 concerning Public Services regulates dispute resolution in the implementation of public services. At least there are two types of ways to resolve compensation in public service dispute that caused by Tort in the Public Service, namely the Non-Litigation settlement through the Ombudsman, and the Litigation settlement through the Court. However, in further studies it

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Amarini, Indriati, Noorfajri Ismail, Yusuf Saefudin, Zeehan Fuad Attamimi, and Astika Nurul Hidayah. "Exploring the Effectiveness of Mediation in Resolving Disputes in the Indonesian Administrative Court." Journal of Indonesian Legal Studies 9, no. 1 (2024): 353–84. http://dx.doi.org/10.15294/jils.vol9i1.4632.

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This study analyzes mediation in administrative dispute resolution in Indonesian Administrative Courts. The settlement of administrative disputes through mediation is not recognized in the Administrative Court procedural law. Mediation in the dispute resolution process in Administrative Courts is still a matter of debate. One of the parties to the dispute is a public body or official who is included in the realm of public law, so that mediation is not possible. The execution of Administrative Court decisions that have permanent legal force does not guarantee justice and legal certainty. This r

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Sobakar, A., and R. Opatskyi. "Mediation as a form of pre-trial resolution of disputes regarding forced alienation of property for public needs or for reasons of public necessity." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 396–400. http://dx.doi.org/10.24144/2788-6018.2023.01.67.

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In order to fulfill the tasks of the research, an attempt was made to solve the following tasks: to find out the essence of the mediation procedure, the principles and legal bases of its implementation in public legal relations; to reveal the content of mediation as a form of pre-trial settlement of disputes regarding forced alienation of property for public needs or for reasons of public necessity. It was found that mediation is one of the alternative (out-of-court) ways of resolving public-law disputes, by means of which two or more parties to a dispute try to reach an agreement within

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Bidnyi, Ievgen. "Concept, characteristics and types of customs disputes related to assessment and collection of customs payments." Visegrad Journal on Human Rights, no. 6 (March 30, 2025): 11–19. https://doi.org/10.61345/1339-7915.2024.6.2.

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This article explores the concept, characteristics, and types of customs disputes related to the assessment and collection of customs payments. The relevance of this topic arises from the critical role customs payments play in replenishing Ukraine’s state budget, which simultaneously creates risks of rights violations by customs authorities and an imbalance between public and private interests. Currently, the most effective way to protect the violated rights is referring to the court for the purpose of consideration and resolution of the respective customs disputes. It has been established tha

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Ispolinov, Aleksey S. "International Investment Arbitration as a Sphere of International Public Law and Constitutional Law." Zakon 20, no. 12 (2023): 108–22. http://dx.doi.org/10.37239/0869-4400-2023-20-12-108-122.

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The article analyses the main features of modern arbitration of investment disputes between investors and investment-receiving states and argues that modern investment arbitration is strikingly different from the model that states had in mind when it was created. Investment arbitration has evolved from a private model of dispute resolution to a mechanism that is fully regulated by public international law due to the fact that investment arbitration is created on the basis of an international agreement and considers disputes concerning the obligations of States arising not from a contract, but

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Louvin, Roberto, Ezio Benedetti, and Pasquale Viola. "Comparative Public Law and Water Crisis." Italian Review of International and Comparative Law 3, no. 2 (2023): 469–89. http://dx.doi.org/10.1163/27725650-03020016.

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Abstract Environmental degradation and anthropogenic climate change severely affect natural resources, thus fostering the need for effective tools to cope with multiple concerns. Within this scenario, the article aims to address public law policies and legislation in reference to water management, with a focus on three specific issues: 1) environmental cost, 2) participation and water management, 3) alternative dispute resolutions (adr s) and water disputes. The first part is based on the analysis of environmental cost related to the degradation and exhaustion of water ecosystems as a result o

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Rudenko, L. D., and D. S. Semko. "TO THE QUESTION ON PRE-CASE SETTLEMENT OF ECONOMIC DISPUTES." Legal horizons, no. 19 (2019): 54–58. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p54.

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The article identifies the nature of pre-trial settlement of an economic dispute, analyzes the features of the pretrial settlement of an economic dispute. Taking into account the provisions of the current Commercial Code and the Commercial Procedure Code of Ukraine, the article examines the procedure for pre-judicial settlement of the economic dispute, including the analysis of the rules of economic law and commercial procedural law, which regulate the general procedure for pre-trial settlement of economic disputes. It is determined that pre-trial settlement of economic disputes is an independ

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Abney, Sherrie R. "The Evolution of Civil Collaborative Law." Texas Wesleyan Law Review 15, no. 3 (2009): 495–515. http://dx.doi.org/10.37419/twlr.v15.i3.1.

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The alternative dispute resolution family has experienced a number of changes over the last century. Litigation, the great grandfather of modern day dispute resolution, has been the procedure chosen by the majority of people to resolve their problems for literally thousands of years-primarily because it was the only legal choice available to most parties. Litigation has been tweaked by lawmakers and courts, but it is basically conducted in the same manner that it was conducted before the Pilgrims landed at Plymouth Rock. The only other institutions that have survived with little change over th

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Ustyuzhaninova, Ekaterina A. "Mediation in Public Law of Great Britain." Administrative law and procedure 6 (June 17, 2021): 64–67. http://dx.doi.org/10.18572/2071-1166-2021-6-64-67.

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Mediation as one of alternative dispute resolution means has been successfully applied in the civil relationship sphere in Great Britain for a long time, for example, in cases on protection of consumer rights or cases involving commercial activities. Mediation is not an obligatory condition for addressing a court, refusal from mediation may lead to negative consequences for the parties in the legal expense distribution. Courts are constantly emphasizing their interest in early settlement of disputes including public law ones that are reviewed in the judicial review procedure: the jurisdiction

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Arestova, L. "THE CASE OF ADMINISTRATIVE JURISDICTION: THEORETICAL ASPECTS OF LEGAL DISPUTES ARISING FROM PUBLIC-LEGAL RELATIONS." Scientific Notes Series Law 1, no. 11 (2021): 97–102. http://dx.doi.org/10.36550/2522-9230-2021-11-97-102.

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The author determined that the conflict of interests is that in substantive or procedural legal relations, according to the non-governmental entity, violates his subjective public interest in the implementation of subjective public (eg, the right to vote, civil service) or private law (for example, the right to land), the satisfaction of public (for example, the desire to use the road surface in excellent condition) or private interest (for example, the desire to become a lawyer). It is determined that the administrative court, resolving the dispute between the parties, promotes the settlement

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Handayani, Tri. "PERTANGGUNGJAWABAN DOKTER DAN MODEL PENYELESAIAN PERKARA MALPRAKTIK MEDIK DI INDONESIA." Mizan: Jurnal Ilmu Hukum 9, no. 1 (2020): 74. http://dx.doi.org/10.32503/mizan.v9i1.1057.

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There is an international tendency to divert medical dispute from the litigation model (in court settlement) to the out-of-court dispute models (out of court settlement) which leads to the win-win situation of the paradigm. This paradigm has actually started to be adopted in Indonesia only the implementation is still not encouraging. Law Number 36 Year 2009 on Health (Health Law) provides that disputes arising out of negligence of health personnel must be resolved through mediation (Article 29). This provision has not fully become the reference of the public and law enforcement officers

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Karina, Ica, Johanis L. S. S. Polii, Irman Putra, Arief Fahmi Lubis, and Marjan Miharja. "Analysis of the Role of Law in Environmental Dispute Resolution: A Case Study in Urban Areas." Jurnal Smart Hukum (JSH) 3, no. 2 (2024): 179–90. http://dx.doi.org/10.55299/jsh.v3i2.1117.

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The objective of this research project is to conduct an in-depth examination of the role of law in environmental dispute resolution within the context of urban Yogyakarta. By employing a qualitative methodology, this study examines the factors affecting the implementation of environmental legislation and the efficacy of legal instruments in addressing disputes. This study seeks to elucidate the role of law in environmental dispute resolution in Yogyakarta, examine the obstacles and impediments encountered in the implementation of environmental law, and analyse the efficaciousness of the existi

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18

Umam, Farhan Chaerul, Andi Muhammad Husni Tamrin, Aldian Yusup, Muhammad Rizqi Fahreza, and Sofiyanti Sofiyanti. "Application of The Principle of Justice in Islamic Civil Dispute Resolution in Indonesia." Global International Journal of Innovative Research 2, no. 8 (2024): 1882–89. http://dx.doi.org/10.59613/global.v2i8.282.

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This article discusses the application of the principle of justice in the resolution of Islamic civil disputes in Indonesia by using qualitative methods through literature studies and research in libraries. Justice is one of the important aspects in the resolution of Islamic civil disputes to ensure that individual rights are defended in accordance with the principles of fair and balanced Islamic law. This study explores various sources of literature related to Islamic civil law practice, justice, and dispute resolution in Indonesia. In the context of Islamic civil law, justice refers not only

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Titi, Catharine. "Investment Treaty Arbitration Caught in The Public-Private Law Divide." Michigan Journal of International Law, no. 45.3 (2024): 441. http://dx.doi.org/10.36642/mjil.45.3.investment.

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The ongoing reform of investor-state dispute settlement (“ISDS”) underlines the pertinence of an old question that has received various and conflicting answers: Is investment arbitration a public or private method of dispute settlement? A key criticism leveled at investment treaty arbitration is that public interest disputes are decided by a system of private justice. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid. It argues that the subjective nature of each interpretation means that none of them can be definitively

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Stakhov, A. I., and S. A. Porivaev. "Administrative disputes as an integral element of contemporary Russian legal system." Law Enforcement Review 6, no. 4 (2022): 261–76. http://dx.doi.org/10.52468/2542-1514.2022.6(4).261-276.

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The subject. The article is devoted to the study of a wide variety of administrative disputes arising in the Russian legal system, but insufficiently studied by domestic administrative legal science.The purpose of the article is scientific substantiation of the concept, key elements and system of administrative disputes in the Russian Federation, identification of the constitutional foundations for the development of the institute of administrative disputes and proceedings for the resolution of administrative disputes.The methodology of research includes formal logic and systemic approach as w

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Yarosh, A. O., and T. O. Matselyk. "Extrajudicial forms of settlement of public law disputes: legal regulation and directions of improvement." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 705–10. https://doi.org/10.24144/2788-6018.2024.06.117.

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The article is devoted to extrajudicial forms of settlement of public law disputes. It is emphasized that an important component of European standards of administrative law is the institution of protection of individual rights, which has undergone significant transformations in recent years, one of the effective ones being the institution of extrajudicial settlement of public law disputes. Updating the forms of extrajudicial settlement of public law disputes is a consequence of the unification and harmonization of national legislation with European standards, their active implementation will m

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Esra Natasya Sitepu, Ivana Theo Philia, Jahya Adiputra Simbolon, et al. "Tinjauan Yuridis Sengketa Informasi Publik dalam Administrasi Negara: Studi Kasus Putusan PTUN Nomor 410/G/KI/2024/PTUN.JKT." JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE 6, no. 1 (2025): 34–46. https://doi.org/10.55606/jass.v6i1.1835.

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This study aims to analyze the legal aspects of public information disputes in the context of state administration, focusing on the Decision of the Jakarta State Administrative Court (PTUN) Number 410/G/KI/2024/PTUN.JKT. A public information dispute is a dispute between a public agency and an information applicant regarding the right to obtain and use public information based on laws and regulations. In the era of globalization and the development of information technology, access to public information is one of the important pillars in realizing transparent and accountable governance. In Indo

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Bimasakti, Muhammad Adiguna. "IMPLEMENTATION OF GOVERNMENT PROCUREMENT OF GOODS / SERVICES LAW AS A STATE ADMINISTRATIVE DISPUTE." Jurnal Hukum Peratun 2, no. 2 (2019): 213–34. http://dx.doi.org/10.25216/peratun.222019.213-234.

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Public Service is the embodiment of the main tasks of a governance. But in its implementation sometimes it also causes disputes due to losses experienced by community members due to a bad public service. Therefore Law No. 25 of 2009 concerning Public Services regulates dispute resolution in the implementation of public services. At least there are two types of ways to resolve compensation disputes in public services that caused by Tort in the Public Service, namely the Non-Litigation settlement through the Ombudsman, and the Litigation settlement through the Court. However, in further studies

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Boros, Anita, and Kinga Szabó. "Alternative Dispute Resolution in Public Procurement Focusing on Hungary." Pro Publico Bono – Magyar Közigazgatás 12, no. 2 (2024): 119–46. http://dx.doi.org/10.32575/ppb.2024.2.7.

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In public procurement frameworks, bidding, contracting and performing contracts is notoriously more challenging than the bidding, contracting and performance of private contracts. The strict procedures of public procurement do not tolerate mistakes and reduce the possibility of compromise if conflicts arise. This study examines whether the resolution of disputes arising in public procurement procedures with the use of alternative dispute resolution (ADR) methods can be integrated into the strict system of public procurement regulation. It also investigates whether the use of ADR can be justifi

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Jaya, Reki Putera, Anis Rifai, and Suartini Suartini. "Mediasi Dalam Penyelesaian Sengketa Proses Pemilu: Pembatasan Kesepakatan Mediasi Yang Tidak Bertentangan Dengan Perundang-Undangan." Justicia Sains: Jurnal Ilmu Hukum 9, no. 2 (2024): 264–81. https://doi.org/10.24967/jcs.v9i2.3091.

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Mediation becomes a new color in the Election legal system in Indonesia to resolve disputes in the Bawaslu process, in a certain angle dispute resolution through the mediation process in Bawaslu has similarities with the mediation mechanism in the private law framework, but in another angle mediation in Bawaslu becomes part of the public law realm so that in the process of resolving disputes through mediation has limitations that are different from private law. The most striking limitation is regarding the non-caucus provisions in mediation of dispute resolution in the election process where t

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Meshel, Tamar. "Procedural Cross-Fertilization in International Commercial and Investment Arbitration: A Functional Approach." Journal of International Dispute Settlement 12, no. 4 (2021): 585–616. http://dx.doi.org/10.1093/jnlids/idab024.

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Abstract This article examines the potential for beneficial procedural cross-fertilization between internationalcommercial and investment arbitration from a functional perspective. The article argues that botharbitration regimes share a ‘private’ dispute resolution function of resolving specific disputes, butonly investment arbitral tribunals also exercise a ‘public’ law-making function of developing the lawapplicable to the resolution of disputes. The article considers two recent procedural developmentsin international arbitration rulesjoinder of third parties and publication of arbitral awar

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Meshel, Tamar. "Procedural Cross-Fertilization in International Commercial and Investment Arbitration: A Functional Approach." Journal of International Dispute Settlement 12, no. 4 (2021): 585–616. http://dx.doi.org/10.1093/jnlids/idab024.

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Abstract This article examines the potential for beneficial procedural cross-fertilization between internationalcommercial and investment arbitration from a functional perspective. The article argues that botharbitration regimes share a ‘private’ dispute resolution function of resolving specific disputes, butonly investment arbitral tribunals also exercise a ‘public’ law-making function of developing the lawapplicable to the resolution of disputes. The article considers two recent procedural developmentsin international arbitration rulesjoinder of third parties and publication of arbitral awar

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Yarema, O. G. "Alternative forms of resolution of administrative and legal disputes." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 467–71. http://dx.doi.org/10.24144/2788-6018.2024.01.83.

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Alternative forms of administrative-legal dispute resolution are considered in the article based on current legislation. The object of the study is public- legal relations that are formed in the process of resolving administrative-legal disputes. The subject of the research is the theoretical, organizational, legal and applied aspects of public legal regulation of alternative resolution of administrative-legal disputes. The purpose of the research is to build a theoretical model of alternative resolution of legal disputes. The methodological basis is a dialectical method of cognition using spe

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Anwar, Muhazri, Yaswirman Yaswirman, and Ulfanora Ulfanora. "Dispute Resolution of Shariah Economy in Murahabah Financing Contract in Sahabat Mitra Sejati Cooperatives." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (2019): 72. http://dx.doi.org/10.18415/ijmmu.v6i3.768.

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Sharia resolution in the murabahah financing contract at the Mitra Sejati Cooperative indirectly in the process of resolving the dispute still refers to Law No. 21 of 2008 concerning Sharia Banking. While the Fatwa of the National Syari'ah Council Number 07 / DSN-MUI / IV / 2000 explained that the resolution of murabahah financing disputes was in the Syari'ah Arbitration Board. According to Article 55 of Law No. 21 of 2008 concerning Sharia Banking, that sharia dispute resolution can be carried out by the Court within the religious court environment and can also be resolved by referring to the

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Gayo, Sabela. "Alternative Dispute Resolution in Mining Disputes with the Mechanism of Mediation." International Journal of Research and Review 9, no. 3 (2022): 401–16. http://dx.doi.org/10.52403/ijrr.20220345.

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In Article 33 of the constitution of the Republic of Indonesia Year 1945, the management and exertion needed protection and legal certainty both to the public as a common property over the excavated material, the entrepreneur as a manager, and the government as a regulator. Mining activities often cause disputes involving the government, employers mining (investors), and the community in the territory of the mining operations. Therefore, need to be pursued to resolve the dispute through the dispute settlement mechanism. Issues to be examined include the development of the regulation of busines

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Sasmiar, Sasmiar, Umar Hasan, and Suhermi Suhermi. "LEGAL CERTAINTY OF ALTERNATIVE DISPUTE RESOLUTION MEDIATION." Bengkoelen Justice : Jurnal Ilmu Hukum 14, no. 1 (2024): 25–44. http://dx.doi.org/10.33369/jbengkoelenjust.v14i1.33432.

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If you look deeper into the substance of arbitration, the regulations are more dominant compared to the regulations regarding alternative dispute resolution. This arrangement is very important regarding the legal capacity of a mediator in carrying out his mediation function. Alternative dispute resolution in Indonesia is a tradition that has been implemented for a long time, such as in customary law in rural communities. An alternative model for resolving disputes in customary law communities is carried out by means of deliberation to reach a consensus. Dispute resolution through mediation is

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Subrata, Rusli, Firdaus Arifin, and Ihsanul Maarif. "Hybrid Dispute Resolution in Administrative Law: Toward an Integrated Model for Government Conflict Management." Journal of Judicial Review 27, no. 1 (2025): 137–62. https://doi.org/10.37253/jjr.v27i1.10462.

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The increasing complexity of citizen–government interactions in administrative law has revealed the limitations of litigation-based dispute resolution, which is often criticized for its rigidity, inefficiency, and lack of procedural inclusiveness. This study aimed to develop a conceptual model of Hybrid Dispute Resolution (HDR) that integrates judicial procedures with alternative dispute resolution (ADR) mechanisms to enhance fairness, participation, and institutional responsiveness in resolving administrative disputes. A normative juridical method was employed, incorporating statutory, concep

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Drličková, Klára. "Arbitrability and Public Interest in International Commercial Arbitration." International and Comparative Law Review 17, no. 2 (2017): 55–71. http://dx.doi.org/10.2478/iclr-2018-0015.

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Summary The aim of this article is to analyse the mutual relationship between arbitrability and public interest. The definition of arbitrability has remained in the domain of national law; there is no internationally unified definition, although a common trend towards the extension of its scope may be observed. There is no doubt about arbitrability in disputes concerning only the individual interests of the parties. However, if the dispute shows elements of public interest, it does not automatically imply that it is not arbitrable. A sign of equation thus cannot be put between public interest

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Sulaiman, King Faisal, and Iwan Satriawan. "LAND DISPUTE SETTLEMENT POST LAW NO. 2 OF 2012; GLAGAH VILLAGE CASE STUDY RELATED TO NYIA AIRPORT." Indonesia Private Law Review 2, no. 2 (2021): 109–24. http://dx.doi.org/10.25041/iplr.v2i2.2328.

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The location for the New Yogyakarta International Airport (NYIA) construction involved in land disputes during the land acquisition process. The land acquisition will always lead to disputes or conflicts with the affected people. It is even more complicated if, in the development process, the ruling elite intervenes, external forces outside the local community that are not directly related to the development. This article deals with the question of the government's public perceptions of the legal polemic of land dispute settlement based on Law No.2 of 2012, and concentrates to examine a new mo

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Melki T. Tunggati. "Projection of Predatory Pricing Dispute Resolution in The Context of Business Competition Between UMKM in The Digital Economy Era Based on Win-Win Solution." JILPR Journal Indonesia Law and Policy Review 5, no. 2 (2024): 336–48. http://dx.doi.org/10.56371/jirpl.v5i2.216.

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Predatory pricing disputes between UMKM have been in the public spotlight since the alleged practice of predatory pricing by UMKM businesses selling through the Tik-Tok Shop application. UMKM players in the Jakarta Tanah Abang Market suffered losses due to lack of visitors because the products sold through the Tik-Tok Shop application were twice as cheap. Government policy by modifying the Regulation of the Minister of Trade as a responsive effort in anticipating Predatory Pricing disputes, instead causing losses to Tik-Tok Shop UMKM actors. This research aims to analyze the regulation of Pred

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Honcharenko, Olena M., Olga O. Bakalinska, Olena A. Belianevych, Svitlana I. Bevz, and Olena A. Chernenko. "International Commercial Arbitration as a Modern Self-Regulation Tool in Hybrid War." AUC IURIDICA 68, no. 3 (2022): 123–38. http://dx.doi.org/10.14712/23366478.2022.40.

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One of the tools of self-regulation, which helps to settle a dispute between commercial counterparties from different states is international commercial arbitration. International commercial arbitration is an alternative to the dispute resolution process in state courts, that is – it is an alternative to the mechanisms of the state process. The problem of considering international commercial arbitration through the prism of self-regulation has not been studied from all perspectives and diversity. This issue is especially relevant when businesses seek protection of their violated rights to inte

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Astuti, Hesti Dwi. "KENDALA PENYELESAIAN SENGKETA KONSUMEN MELALUI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK)." Jurnal Hukum Mimbar Justitia 1, no. 2 (2017): 572. http://dx.doi.org/10.35194/jhmj.v1i2.41.

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Empowering costumers is a form of awareness on the specific characteristics in the world of costumers, the different interest among different parties which have various bargaining positions, has been given space in the field of costumer dispute settlement which is a good policy in empowering costumers. A special institution which has been appointed to resolve costumer disputes is the Costumer Dispute Settlement Agency (BPSK). Costumer Dispute Settlement Agency is an independent agency or institute, a public agency which has the duty and authority such as implementing the handling and settlemen

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Bown, Chad P., and Petros C. Mavroidis. "It Ain't Over ‘Til It's Over: The WTO Case Law of 2018." World Trade Review 19, no. 2 (2020): 149–51. http://dx.doi.org/10.1017/s1474745620000117.

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Our annual gathering in Florence (8 and 9 July 2019), generously sponsored by the European University Institute, amidst the crisis at the WTO, was business as usual. Trading nations continue to entrust the WTO dispute settlement system with the adjudication of their disputes. The conference covered a very healthy number of disputes across different subject matter, ranging from antidumping duties to protection of public health.

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Abdullah, Junaidi, and Shobirin -. "Non-Litigation Dispute Resolution Mechanism in Civil Law (Case Study at ANQ Law Firm Kudus Office)." YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam 15, no. 2 (2025): 309. https://doi.org/10.21043/yudisia.v15i2.29238.

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<p>This research focuses on the mechanism of non-litigation dispute resolution in civil law, with a case study at the ANQ Law Firm Kudus Office. A common problem raised is the lack of understanding and application of non-litigation dispute resolution methods, such as mediation, negotiation, and arbitration, which can avoid lengthy and costly court proceedings. The purpose of this study is to analyze the effectiveness of non-litigation dispute resolution mechanisms and the obstacles faced in their implementation. The research method used in this research uses <em>field research</

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Vaolevska, Lesia, Ivan Myshchak, Nataliia Iakymchuk, Anna Kondratova, and Yevheniia Duliba. "Legal grounds for implementing the institution of recourse to the mediation procedure and the use of other alternative methods of resolving tax and customs disputes." Cuestiones Políticas 41, no. 79 (2023): 36–48. http://dx.doi.org/10.46398/cuestpol.4179.02.

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In the research it is emphasized that, in some states of the European Union EU, tax mediation is already used and considered not only as an alternative method of dispute resolution, but also as a method used to prevent the occurrence of a tax dispute in the future. Thus, on the basis of legal methods of scientific knowledge, such as: dialectical, logical-formal, comparative-legal, etc., the article examined modern approaches to the characterization of mediation as a procedure for peaceful settlement of disputes, paying attention to its characteristic features and differences from other forms o

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Толстолуцька, Марина. "CUSTOMS DISPUTE AS A SUBJECT ADMINISTRATIVE PROCEEDINGS." Вісник Академії праці, соціальних відносин і туризму, no. 2 (November 7, 2019): 19–26. http://dx.doi.org/10.33287/11201.

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The paper presents findings of the study regarding the essence of thecustoms disputes within administrative proceedings.The researchreveals that a customs dispute is a kind of public legaldispute. Characteristic features of the customs dispute are: the emergence ofa dispute on customs relations; a special subject structure of the dispute - onthe one hand, the customs authorities or their officials, on the other - physicalor legal persons who move objects across the customs border of Ukraine; thesubject of the dispute is the decision, actions or omissions of the customsauthorities or their offi

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Supeno, Supeno. "PUBLIC POLICY SEBAGAI SYARAT PENGAKUAN DAN PELAKSANAAN PUTUSAN ARBITRASE INTERNASIONAL." Wajah Hukum 1, no. 1 (2018): 64. http://dx.doi.org/10.33087/wjh.v1i1.17.

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Legal certainty factors in the resolution of a dispute a matter is a goal to be achieved by the seekers of justice including the resolution of disputes through arbitration agency bisis, Act No. 30 of 1999 still Know hinted that dispute resolution which was already decided by the international arbitration body should get the recognition from the country where the verdict will be implemented and one of the reasons not to use an international arbitration ruling due the verdict contrary to the public order (public policy) so that this provision may give rise to legal uncertainty. The type used is

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Jaloliddin, Rahmonov. "INVESTOR-STATE DISPUTE SETTLEMENT IN INTERNATIONAL PUBLIC LAW: AN EVALUATION OF RECENT DEVELOPMENTS." International Journal Of Law And Criminology 03, no. 04 (2023): 1–4. http://dx.doi.org/10.37547/ijlc/volume03issue04-01.

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Investor-State Dispute Settlement (ISDS) is a mechanism for resolving disputes between investors and states under international investment agreements. While ISDS has become increasingly popular over the past few decades, it has also been subject to significant criticism for giving too much power to foreign investors and undermining the sovereignty of host states. In this article, we evaluate recent developments in ISDS from the perspective of international public law. We discuss the origins and growth of ISDS, as well as the increasing use of ISDS by investors from developed countries against

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Kurochkin, Sergey. "Legal Entities under Public Law in Arbitration: In Search of an Optimal Model of Participation." Journal of Russian Law 29, no. 3 (2025): 79. https://doi.org/10.61205/s160565900031173-4.

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The complex development of public relations and the increasing penetration of state-related legal entities into the civil turnover have put on the agenda the issues of the admissibility of dispute resolution by arbitration with individuals and public legal entities. In search of an effective way to resolve them, participants began to pay more and more attention to non-governmental jurisdictional mechanisms. However, the approaches developed in the middle of the 20th century for international commercial arbitration on these issues have not always proved effective in the contemporary arbitration

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Ebenezer Hutagalung, Zainal Mutaqqin, and Muhamad Amirulloh. "Opportunities for Implementing Alternative Dispute Resolution (ADR) in Settlement of Tax Disputes in Indonesia." Journal of Law, Politic and Humanities 5, no. 3 (2025): 2196–204. https://doi.org/10.38035/jlph.v5i3.1572.

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The emergence of tax disputes as a consequence of differences in interests between tax authorities and taxpayers is a normal thing to happen. However, if an excessive number of tax disputes occur, this has the potential to create legal uncertainty, both for taxpayers and tax authorities. In theory and practice, a dispute resolution mechanism has developed as an implementation of law enforcement outside of court (non-litigation), namely a form of dispute resolution using the services of a neutral third party without going through a court process agreed upon by the parties. Indonesia already has

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Sudarsono, Sudarsono, and Rabbenstain Izroiel. "PEMERIKSAAN SENGKETA TINDAKAN PEMERINTAHAN PASCA PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2019." MIMBAR YUSTITIA 6, no. 1 (2022): 54–74. http://dx.doi.org/10.52166/mimbar.v6i2.3341.

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Examination of cases of unlawful acts by the government (onrechtmatige overheidsdaad) prior to the enactment of Law Number 30 of 2014 in conjunction with Supreme Court Regulation Number 2 of 2019 was carried out by the General Court. After the enactment of the Supreme Court Regulation Number 2 of 2019, the examination of the onrechtmatige overheidsdaad case was transferred to the TUN Court as a Government Action dispute. As a relatively new procedural law in the State Administrative Court, it is necessary to conduct legal research. This normative legal research found that the Government Action

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Ramli, Misran, Syamsul Rijal, Reni Surya, and Irhamni Malika. "State, Custom, and Islamic Law in Aceh: Minor Dispute Resolution in the Perspective of Legal Pluralism." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no. 2 (2024): 872. http://dx.doi.org/10.22373/sjhk.v8i2.15924.

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This paper aims to examine the juridical basis for the application of Acehnese customary law, the mediation mechanism of Aceh Tamiang customary law in resolving minor disputes. The study of this paper used empirical research methods, using the theory of legal pluralism. Data were collected by means of in-depth interview and document study. Interviews were conducted with customary stakeholders, while the documents analysed were news of peace events in Aceh Tamiang. The findings reveal that the juridical basis for resolving minor disputes is based on the Law, the Qanun, and the Joint Decree betw

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Marmazov, Vasyl, and Pavlo Pushkar. "The Right of Access to Non-State Dispute Resolution in the Legal Order of Larger Europe: A Yardstick to Harmonise Approaches to State and Non-State Dispute Settlement in Ukraine." NaUKMA Research Papers. Law 7 (July 20, 2021): 33–43. http://dx.doi.org/10.18523/2617-2607.2021.7.33-43.

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The Ukrainian legal thought has traditionally regarded the right of access to justice as a right of access to the State court, or to State managed or controlled procedures for dispute settlement. One of the main reasons for that was that the non-state, or uncontrolled by the State dispute settlement was not formally permitted, prohibition being imposed by the Soviet system and even to a certain extent during the period of domination on parts of the territory of the modern Ukraine, of the various externally imposed requirements of various legal systems in force at the material time. Non-state d

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Stebelev, A. M. "The role of “soft law” in the aspect of forming a coherent system of alternative methods of resolving disputes in the field of public-law relations, taking into account the Ukrainian context." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 303–7. http://dx.doi.org/10.24144/2788-6018.2023.03.55.

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The article analyzes the role of «soft law» in the aspect of forming a whole system of alternative ways of resolving disputes in the field of public-law relations, taking into account the Ukrainian context. The special mission of «soft law» in this situation is pointed out, since it represents a set of authoritative and well-founded recommendations, it serves as a meaningful guide for reforming domestic legislation in the field of organization and functioning of alternative dispute resolution, including in the field of public-legal relations . At the same time, a caveat is made regarding the i

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ALTAMIMI, Abdulmalik M. "An Appraisal of the Gulf Cooperation Council's Mechanisms for Co-operation and the Settlement of Disputes." Asian Journal of International Law 10, no. 2 (2020): 321–45. http://dx.doi.org/10.1017/s2044251320000193.

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AbstractThis paper aims to provide a comprehensive legal analysis, reminding the reader of the missing roles and potential of the the Gulf Cooperation Council [GCC]. Interstate disputes threaten the very existence of the GCC. Moreover, they call into question the GGC's mechanisms for co-operation and for ensuring the peaceful settlement of disputes. For instance, the GCC's Charter, commercial arbitration rules, and the Basic Law of the Economic Judiciary Commission all provide provisions for peacefully settling disputes between GCC Member States and their citizens. GCC states are also members

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