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1
Lau, Kwan Ho. "Precedent within the High Court." Legal Studies 40, no. 3 (May 11, 2020): 397–418. http://dx.doi.org/10.1017/lst.2020.10.
Повний текст джерелаАнотація:
AbstractA number of Masters and a Registrar have recently indicated that, when exercising High Court jurisdiction, they are not bound strictly to follow prior decisions made by Judges in the High Court. This represents a notable departure from the position established by and within the High Court, where since the Judicature Acts of 1873 and 1875 an unquestioning obeisance of the Master and Registrar towards such decisions has been generally expected and offered. Delving into questions of power, authority and jurisdiction, and examining relevant legislation such as the Civil Procedure Rules, this paper constructs and analyses various arguments for and against recognising the co-equivalence of decisions of Judges, Masters and Registrars in the High Court.
2
Ridwan, Moch. "DEVELOPMENT OF TRAINING FOR THE POSITION OF REGISTRARS IN THE SUPREME COURT." Jurnal Hukum dan Peradilan 10, no. 3 (November 30, 2021): 380. http://dx.doi.org/10.25216/jhp.10.3.2021.380-406.
Повний текст джерелаАнотація:
The registrar's position within the Supreme Court is a career position with the status of a Civil Servant, who is specifically tasked with regional and central courts to receive, examine, adjudicate and settle registered cases. The clerk of the court who serves in the Court has an important role in handling the administration of the trial and the execution of the judge's decision in the Court. This role further clarifies the position and orientation of the function of the part of justice services for citizens optimally. This study aims to develop an education and training policy plan that supports the profession of court officials before carrying out their duties and functions as Registrars.This study uses a qualitative method with a normative juridical approach in the field of education and training. The results of this study found that the current administration of education and training for registrars, such as curriculum content and learning time is still lacking as a basis for competencies and specifications for job career paths required by the organization. This needs to be adjusted to the needs of the organization in meeting the professional standards of the clerkship position within the Supreme Court.
3
Protheroe, David, and Gerard Roney. "Assessing detainees' ‘fitness to be interviewed’." Psychiatric Bulletin 20, no. 2 (February 1996): 104–5. http://dx.doi.org/10.1192/pb.20.2.104.
Повний текст джерелаАнотація:
The police are increasingly requesting assesments of detainees' fitness to be interviewed. Senior registrars in psychiatry are often asked to perform this task. Gudjonsson has derived a set of guidelines from a Judge's ruling following a recent court case. Our survey identifies that the current practice of a group of senior registrars in psychiatry falls short of these guidelines. Reasons for this and implications for training are discussed.
4
Maseh, Elsebah Jepkemboi, and Stephen M. Mutula. "RECORDS MANAGEMENT READINESS FOR OPEN GOVERNMENT IN THE KENYAN JUDICIARY." Mousaion: South African Journal of Information Studies 34, no. 3 (February 28, 2017): 146–66. http://dx.doi.org/10.25159/0027-2639/909.
Повний текст джерелаАнотація:
This article presents part of the results of a study that was undertaken between April and September 2014 to investigate records management practices in the Kenyan judiciary with a view to promoting transformation and facilitation of open government for effective and efficient justice delivery. The following research questions were addressed: ‘How are records created, accessed and used, stored and maintained, appraised and disposed of, and preserved?’; ‘What records management policies, plans and guidelines are available?’; ‘What skills and competencies do the records management staff have?’; ‘What is the level of awareness and attitude of staff towards sound records management practices?’; and ‘What records management strategies is the Kenyan judiciary using to achieve openness?’ The population of the study comprised court registrars, deputy registrars, records officers, registry assistants, judges and magistrates in the high court and magistrates’ courts in Nairobi and Uasin Gishu counties. The findings of the study revealed that although records management had been improved in the Kenyan judiciary, records were not managed well in a continuum from creation to disposition. Furthermore, there were no records management policies and well trained records officers were inadequate. Besides, though records were recognised as pivotal in the administration of justice, records management was not fully supported by top management. It is recommended that, among other things, records management in the judiciary should be improved by putting in place records management policies; building records management capacity; securing top management support; and using the open government implementation model to promote best practices.
5
Izaguirre, Jon, and Lester Sireling. "Expectations of prospective senior registrars and those who appoint them." Psychiatric Bulletin 17, no. 10 (October 1993): 612–14. http://dx.doi.org/10.1192/pb.17.10.612.
Повний текст джерелаАнотація:
Access to a senior registrar post is growing more difficult because of increasing competition. The College Court of Electors and Joint Committee for High Psychiatric Training have agreed only two criteria for appointment as SR in Psychiatry (possession of MRCPsych and at least three years of general professional training), but, despite heavy workloads, busy timetables, and the need to prepare for the membership examination, clinical skills and dedication to patients will not ensure career progress if they are not accompanied by other aspects of training, sometimes with insufficient facilities and supervision. Indeed, Lewis (1991), after reviewing a group of applications for SR posts, found that the only variable which predicted likelihood of being shortlisted was having published: “Trainers generally believe that evidence of completed research and publications say more about a trainee than a good reference ever can”.
6
Suparto, Suparto. "Kontroversi Putusan Mahkamah Konstitusi Membatalkan Kewenangan Komisi Yudisial Melakukan Rekrutmen Terhadap Hakim." SASI 26, no. 2 (June 4, 2020): 266. http://dx.doi.org/10.47268/sasi.v26i2.252.
Повний текст джерелаАнотація:
The Supreme Court conducted a selection of judges without the involvement of the Judiciary Committee. The Judiciary Committee deemed the recruitment was violating the law since it was not involving them in the process. While the Supreme Court viewed that the implementation guidelines for the mutual regulation of the Judiciary Committee and Supreme Court was yet to be existed, while the need for fresh judges was deemed as urgent at that time. Based on that premise, the Supreme Court conducted the recruitment and appointment of judges, several supreme court judges and registrars were conducting a judicial review on the Law No. 49 of 2009, Law No. 50 of 2009, and Law No. 51 of 2009.The Constitutional Court granted their plea with Stipulation No. 43/PUU-XIII/2015.One of the points of considerations of the constitutional judges was the involvement of Judiciary Committee on the recruitment of judges was deemed to disrupt the independency of the Supreme Court. Actually, the involvement of the Judiciary Committee in the selection of judges will not intrude the independency of the judicial power or the judge itself. The independency of judges will be disrupted if the Judiciary Committee is intervening with the technical aspect of judicial power which includescross-examination, trial, and the verdict on a case.
7
Yin, Elijah Tukwariba, Francis Kofi Korankye-Sakyi, and Peter Atudiwe Atupare. "Prisoners’ Access to Justice: Family Support, Prison Legal Education, and Court Proceedings." Journal of Politics and Law 14, no. 4 (September 4, 2021): 113. http://dx.doi.org/10.5539/jpl.v14n4p113.
Повний текст джерелаАнотація:
This study investigates the extent of prisoners’ legal entitlements as well as how prisoners acquire legal assistance within the prison setup. It is argued that inmates’ legal entitlements within the prison bureaucracy are devoid of the ideal of access to justice. The study used the mixed-method approach in data gathering. For the quantitative aspect, a sample of 300 inmates was used. Simple random and systematic sampling techniques were used to select the respondents. For the qualitative aspect, the following participants were purposively selected: ex-convicts, a paralegal prison officer, a court warrant officer, prison after-care officer, registrars, and relatives of inmates. The analysed data showed that most inmates did not receive family support during their trial before conviction. It was also found that inmates had no access to legal materials due to lack of law libraries, yet received some form of legal education from prison staff. Even though the court proceedings of inmates formed a critical part of their appeal process, a little above half of the inmate population had access to these documents. With the advancement in Information and Communication Technology, it is recommended that all courts should be digitized with relevant logistics and improved infrastructure to smoothen access to case files.
8
Khan, Faeza, Faria Khan, Latha Hackett, and Kenneth Ross. "Do we know the legal framework in child and adolescent mental health services? Survey of specialist registrars." Psychiatric Bulletin 33, no. 10 (October 2009): 393–94. http://dx.doi.org/10.1192/pb.bp.107.018572.
Повний текст джерелаАнотація:
Aims and MethodThis survey was conducted as part of the baseline assessment of trainees' needs concerning the legal aspects of child care and to evaluate the implications for the regional academic programme. A group of specialist registrars in child and adolescent psychiatry in the North Western Deanery completed a questionnaire-based survey.ResultsNone of the specialist registrars had experience in forensic child and adolescent psychiatry. With regard to the legislation: 13 (100%) mentioned the Mental Health Act 1983; 12 (92.3%) the Children Act 1989; 7 (53.8%) the Human Rights Act 1998. of those surveyed, 13 (100%) were aware of parental responsibility; 10 (76.9%) identified the Children Act as being less stigmatising as compared to the Mental Health Act. Five (38.4%) had written court reports, and eight (61.5%) felt fairly confident after the 1-day training course. Overall interest in becoming an expert witness was 69.2% (n=9).Clinical ImplicationsDeficits in knowledge about the legal framework, limited experience in forensic placements and lack of interest in becoming an expert witness need to be further explored.
9
Carswell, Christine, Andrew Donaldson, and Keith Brown. "Psychiatrists' views and experiences of the Mental Health (Care and Treatment) (Scotland) Act 2003." Psychiatric Bulletin 31, no. 3 (March 2007): 83–85. http://dx.doi.org/10.1192/pb.bp.106.010579.
Повний текст джерелаАнотація:
Aims and MethodThis study assesses the views and experiences of psychiatrists of the Mental Health (Care and Treatment) (Scotland) Act 2003. A postal questionnaire was sent to 340 consultant psychiatrists and specialist registrars throughout Scotland.ResultsA response rate of 76% was achieved (n=257); 31 respondents (12%) felt patient care had improved with the newAct; 167 (65%) felt that informal patients' care had suffered; 135 (52%) did not consider that tribunals were better than the previous court system; 151 (59%) felt that the out-of-hours workload had increased.Clinical ImplicationsAn early indication of psychiatrists' views and experiences of the new Mental Health (Care and Treatment) (Scotland) Act 2003 is given.
10
P, Kakai, and Mokono, A. I. "Effect of Budget Allocation and Procurement Processes on Budget Utilization in the Public Sector in Kenya: A Case of The Judiciary." Journal of Finance and Accounting 6, no. 4 (October 28, 2022): 109–22. http://dx.doi.org/10.53819/81018102t2103.
Повний текст джерелаАнотація:
Budget management has great implications for the realization of the objectives of the budgets in institutions. If the budget is not prepared with the greatest dedication and also genuineness it is not possible to understand the fantastic capacity of finances as tools for national progression. The budgeting and budgetary controls have attained high focus among institutions in the present day and thus offer high prospects which this research study examines. This study sought to establish the influence of budget allocation on budget utilization in public institutions within Kenya and to analyze the influence of procurement processes on budget utilization in public institutions within Kenya. The study was anchored on Resource Based Theory with a descriptive research design being adopted. The targeted population for the study was the Chief registrar, Court Registrars, Deputy Registrars, Directors and Deputy Directors in the Judiciary totaling to 40. The study used census approach where the entire population of 40 respondents was used in the study. Additionally, the data collection instruments comprised of both questionnaires and the interview guides. Additionally, qualitative analysis was done using content analysis and SPSS was used to analyze the quantitative data. The inferential statistics included the Pearson correlation and multiple linear regression model. Frequency, percentage tables, charts and graphs was used to present the data. Correlation results indicated that budget allocation was positively related to budget utilization (Pearson’s Correlation Coefficient of r = 0.798, p-value 0.0001). The results indicated that procurement process was positively related to budget utilization (Pearson’s Correlation Coefficient of r = 0.608, p-value 0.0001). The regression results indicated that budget allocation and procurement processes have a positive and significant relationship with budget utilization in the Judiciary. The study recommended for a classification that enables better links between policy priorities and funding programs. The study further recommended that the budget should provide unambiguous information on all aspects of Judiciary policy. Oversight should be enhanced for proper compliance to statutes and internal controls. Keywords: Budget Allocation, Procurement Processes, Budget Utilization, Public Institutions, Judiciary
11
Heaton, Tim, and Mark Cammack. "Explaining the Recent Upturn in Divorce in Indonesia: Developmental Idealism and the Effect of Political Change." Asian Journal of Social Science 39, no. 6 (2011): 776–96. http://dx.doi.org/10.1163/156853111x619229.
Повний текст джерелаАнотація:
Abstract Divorce trends in Indonesia during the latter half of the 20th century provide an interesting contrast to Western societies. While the social forces associated with modernisation resulted in a dramatic rise in divorce in Western societies, the process of modernisation produced an equally dramatic decline in divorce in Indonesia. Recent evidence, however, suggests that the divorce trends have reversed direction in Indonesia, and the divorce rate has begun to rise. The purpose of this paper is to present both statistical evidence of a possible rise in divorce and qualitative evidence of possible changes in reasons for divorce. The statistical evidence is based on five rounds of the Indonesia Demographic and Health Surveys conducted between 1987 and 2007. Qualitative evidence comes from interviews with marriage registrars, court officials, and other informed community members.
12
Muttaqin, Zedi, and Siti Urwatul Usqak. "Proses Penyelesaian Sengketa Pembagian Kasus Harta Gono Gini Akibat Perceraian Pasangan Suami Istri di Pengadilan Agama Mataram." CIVICUS : Pendidikan-Penelitian-Pengabdian Pendidikan Pancasila dan Kewarganegaraan 8, no. 2 (October 12, 2020): 127. http://dx.doi.org/10.31764/civicus.v8i2.2947.
Повний текст джерелаАнотація:
Abstrak: Tujuan penelitian ini adalah untuk mengetahui tugas dan peran pengadilan agama dalam menyelesaikan kasus harta gono gini sebagai upaya penyelesaian konflik keluarga pasca bercerai suami dan istri (studi kasus di Pengadilan Agama Mataram). Penelitian ini adalah penelitian kualitatif dengan pendekataan deskriptif. Subyek penelitian atau informan dalam penelitian ini adalah Kepala Pengadilan Agama, Hakim, dan Panitera Pengadilan Agama Mataram. Metode pengumpulan data yang digunakan adalah Observasi, wawancara dan dokumentasi. Sumber data yang digunakan yaitu sumber data primer, Teknik analisis data adalah reduksi data, penyajian data, dan menarik kesimpulan. Hasil penelitian yang diperoleh bahwa tugas dan peran pengadilan agama mataram dalam menyelesaikan kasus harta gono gini yaitu : Tugas dan Peran Pengadilan Agama Mataram yaitu menerima, memeriksa, memutuskan, mengadili dan menyelesaikan perkara yang diaajukan oleh para pihak penggugat., dan Proses penyelesaian dan pertimbangan hakim dalam menentukan pembagian harta gono gini yaitu : Hakim dalam proses pembagian harta bersama yaitu membagi harta bersama tersebut sama-sama ½ (seperdua) penggugat dan tergugat sedangkan hakim dalam mempertimbangkan pembagian harta gono gini atau harta bersama tidak mesti terpaku terhadap UU tetapi sebagai hakim proses pertimbangan pembagian harta gono gini harus berdasarkan rasa keadilan karna hakim sendiri mempunyai asas kontralegen.Abstract: The purpose of this study was to determine the duties and roles of religious courts in resolving inheritance cases as an effort to resolve family conflicts after divorce (a case study at the Mataram Religious Court). This research is qualitative research with a descriptive approach. The research subjects of the study were the Head of the Religious Courts, Judges, and Registrars of the Mataram Religious Court. Data collection methods used were observation, interviews, and documentation. Sources of data used were primary data sources; data analysis techniques were data reduction, data presentation, and concluding. The results showed that the duties and roles of the Mataram Religious Court in resolving the case of the Mataram Religious Court are the Duties and Roles of the Mataram Religious Court such as receiving, examining, deciding, adjudicating and completing cases filed by the plaintiffs, and the process of settlement and judges' considerations. In determining the distribution of assets of inheritance, the judges in the process of sharing joint assets are dividing the joint assets together ½ (half) of the plaintiff and the defendant, while the judge in considering the distribution of assets or joint assets does not have to be fixated on the law but as a judge in consideringthe process of the distribution of assets must be based on a sense of justice because the judges themselves have theprinciple of contralegem.
13
Ridwan, Ridwan. "Pemanfaatan Hasil Rekam Sidang Korupsi untuk Menghasilkan Putusan Berkeadilan." Kanun Jurnal Ilmu Hukum 22, no. 1 (May 4, 2020): 149–62. http://dx.doi.org/10.24815/kanun.v22i1.14621.
Повний текст джерелаАнотація:
Penelitian ini dilakukan untuk mengetahui bagaimana korelasi rekam sidang korupsi dalam menunjang ketelitian hakim dalam rangka menjatuhkan sanksi pidana terhadap pelaku korupsi. Dari penelitian ditawarkan model pengelolaan hasil rekam sidang korupsi yang dilakukan oleh hakim di pengadilan. Hal ini dilandasi bahwa penegakan hukum terkait tindak pidana korupsi memerlukan tingkat ketelitian dan kecermatan, namun tak boleh sengaja diperlambat. Metode yang digunakan dalam penelitian ini adalah kualitatif, yang dilakukan melalui proses wawancara terhadap hakim dan jaksa KPK. Pendekatan penelitiannya adalah yuridis normatif dan partisipatif. Melalui penelitian ini diketahui bahwa perekaman persidangan tindak pidana korupsi sangat penting dilakukan karena dapat membantu terkait kelengkapan berita acara persidangan. Penggunaan perekaman persidangan akan menghindari keraguan masyarakat atas putusan yang dilakukan oleh hakim, karena semua fakta persidangan dapat diputar kembali melalui video yang dihasilkan dalam perekaman tersebut. Pengelolaan hasil rekam sidang juga dapat digunakan panitera dalam penulisan berita acara persidangan dengan hasil yang lebih baik. Disarankan agar semua perkara tindak pidana korupsi dapat dilakukan perekaman persidangan untuk lebih memudahkan penulisan berita acara terutama untuk panitera pengganti. Utilization of Corruption Trial Recording to Make A Justice Decision This study aims to find out how the correlation of corruption trial records in supporting the accuracy of judges in order to impose criminal sanctions against corruptors. The research offers a model for managing the results of records of corruption trials conducted by judges in court. This is based on that law enforcement related to corruption requires a level of accuracy and accuracy, but it should not be intentionally slowed down. This study uses a qualitative method, which is carried out through an interview process with KPK judges and prosecutors. The research approach is normative and participatory juridical. Through this research, it is known that the recording of trials of corruption is very important because it can help related to the completeness of the minutes of the trial. The use of court recording will avoid public doubts over the judge's decision, because all the facts of the trial can be played back through the video produced in the recording. Management of the results of court records can also be used by court clerks in writing minutes of proceedings with better results. It is recommended that all cases of corruption can be recorded in a trial to make it easier to write the minutes, especially for substitute registrars.
14
Faradilla Asyatama and Fully Handayani Ridwan. "Analisis Perjanjian Perkawinan Menurut Undang-Undang Perkawinan Di Indonesia." Ajudikasi : Jurnal Ilmu Hukum 5, no. 2 (December 25, 2021): 109–22. http://dx.doi.org/10.30656/ajudikasi.v5i2.3937.
Повний текст джерелаАнотація:
The protection of individual rights in marital relations according to positive Indonesian Law can be enforced by making a Prenuptial Agreement. Article 147 of the Civil Code states that a prenuptial agreement must be made before the marriage and must be in the form of a notarial deed which can apply to third parties since it registrates at the local District Court Registrar’s Office and has been recorded on Marriage Deed in the Civil Registry. In Indonesia, there has been unification in the field of Marriage Law, which has resulted in several changes to the provisions of prenuptial agreement. This study is aimed at obtaining answers to the following problems: (1) How is the binding force of the prenuptial agreement after the enactment of Law Number 1 of 1974? (2) What is the concept of making a prenuptial agreement after the decision of Constitutional Court Number 69/PUU-XIII/2015? Solving this problem is persued by empirical normative legal research methods using secondary data. The results of this study are: (1) A prenuptial agreement’s strength of binding after the enactment of the Marriage Law is after it is registered and ratified by a Marriage Registrar, and the content of prenuptial agreement is broader, not only coveting wealth; (2) The prenuptial agreement after the decision of Constitutional Court Number 69/PUU-XIII/2015 can be made after the marriage.
15
SELIVANOVA, K. V., and Ye A. KOBRUSIEVA. "“OUT-OF-COURT” (ADMINISTRATIVE) PROCEDURE FOR APPEALING AGAINST DECISIONS, ACTIONS OR OMISSIONS OF STATE REGISTRARS OF REAL ESTATE RIGHTS IN THE CONTEXT OF REFORMING THE STATE REGISTRATION SYSTEM." Law and Society, no. 4 (2020): 195–201. http://dx.doi.org/10.32842/2078-3736/2020.4.28.
Повний текст джерела
16
Derevyanko, Bogdan, and Olha Turkot. "ON COUNTERING ILLEGAL HARVESTING BY RAIDERS." Ukrainian polyceistics: theory, legislation, practice 1, no. 1 (April 2021): 132–41. http://dx.doi.org/10.32366/2709-9261-2021-1-1-132-141.
Повний текст джерелаАнотація:
The article analyzes the relations between various actors in agro-industrial production during the preparation, the execution of an attack by raiders, and after the attack, designed to collect and appropriate someone else’s harvest. The article aims to identify and provide a general description of raiders’ main actions during encroachments on the crop of agricultural producers. In Ukraine, raiders encroach on successful enterprises. Due to the quality and fertility of soils and natural and climatic conditions in the agricultural sector, conscientious producers can get a high yield. It is most often attacked by raiders during harvesting, using a set of actions. The article defines the main types of such actions: the seizure of a land plot with forged documents or without them; use of physical violence; involvement in their actions of unscrupulous notaries, state registrars, corrupt judges, and officials; the conclusion of lease agreements for shares or land plots with owners who have already leased them to another bona fide tenant; forgery of court decisions remaining in the temporarily occupied territories; registration of the right to lease land plots based on forged documents; appeal to the court with a claim to the enterprise for recovery of real or allegedly existing debt. These actions do not make up an exclusive list since the raiders are continually upgrading and diversifying the ways of encroaching on the harvest. The article briefly describes both the raiders’ actions and the practices to prevent raider attacks and protection after they have been committed. The innovations of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Countering Raiding» dated December 5, 2019 are also presented and analyzed, in particular in terms of introducing notarization of individual transactions; coordination of the moments of state registration of ownership of a land plot, the validity of a lease agreement and the time for harvesting; coordination of information from the State Land Cadastre and the State Register of Rights to Real Estate. The need to strengthen the fight against corruption is indicated by developing proposals to increase responsibility for corruption acts by representatives of public authorities. The article points to the future search for ways to counteract the actions described in the article and other raiders’ actions during the preparation and the attack to collect and appropriate someone else's harvest and after it.
17
Suhariyanto, Budi. "URGENSI HARMONISASI POLA PROMOSI DAN MUTASI KEPANITERAAN LINGKUNGAN PERADILAN UMUM DAN AGAMA." Jurnal Hukum dan Peradilan 3, no. 2 (July 31, 2014): 177. http://dx.doi.org/10.25216/jhp.3.2.2014.177-190.
Повний текст джерелаАнотація:
There is a different registrar promotion pattern and mutation on general to religious court. Accordingly, important to get promotion pattern harmony and mutation to taking on this differences among of court (in particular general to religious court) under the supreme of court. Some efforts to consider are: (1). The equality of regulation or types of regulation on registrar promotion pattern and mutation (which is synchonized on the head desicion supreme of court. (2). The regulatory separation promotion pattern and judges mutation to registrar on the head desicion supreme of court. (3). Regulatory harmony on the registrar promotion and mutation. Keyword: function, career, registrar
18
Amaya-Castro, Juan M., and Ursula E. A. Weitzel. "Constitutional and Institutional Developments." Leiden Journal of International Law 13, no. 1 (March 2000): 79–81. http://dx.doi.org/10.1017/s0922156500000054.
Повний текст джерелаАнотація:
On 20 September 1999, Eduardo Valencia-Ospina, Registrar of the International Court of Justice, advised Judge Stephen M. Schwebel, President of the Court, by a letter of 17 September 1999 that he would leave office on 5 February 2000. In his letter he stated that having drawn nearer to finishing his own term of duty and having achieved, thirty-five years in the service of the United Nations as well as being about to reach sixty years of age, he found no new reason to compel him to run for a fourth election. Moreover, he stated, that in view of the date of termination of his functions, he concluded that he could best serve the Court by leaving office before the election of the new President. In this manner, whoever is chosen will, likewise, be able to count, throughout the duration of his or her presidential period, on the continuous assistance of one and the same Registrar. By a letter of 20 September 1999, Judge Schwebel, President of the Court, accepted his resignation.
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Halid, Shahrul Natasha, and Jady @. Zaidi Hassim. "Nature of the Power of the Registrar of Titles: Judicial, Quasi-Judicial or Administrative." Jurnal Undang-undang dan Masyarakat 28, no. 2021 (April 2, 2021): 35–45. http://dx.doi.org/10.17576/juum-2021-28-04.
Повний текст джерелаАнотація:
As a country with Torrens land registration system, the Registrar of Titles plays a key role in managing and maintaining the land registration in Malaysia. The powers and duties conferred upon the Registrar of Titles under the National Land Code 1965 are manifold, ranging from the power to conduct enquiries, the power to enter the Registrar’s caveat, the power to issue an arrest, the power to issue title and others. The nature of the power of the Registrar of Titles is often under judicial scrutiny due to the direct effect of the Registrar of Titles’ actions towards registration of instruments. The issue which seems to be fuddled is whether such power is considered as quasi-judicial or merely administrative? This paper undertakes to provide an answer to such a question. Content analysis will be used in this paper by evaluating the laws and case precedents in Malaysia and Australia. This paper concludes that due to the differences in the structure of the land administration organisation and also the provisions of the Malaysian National Land Code 1965 compared to those in Australia, there is a tendency for the courts in Malaysia to limit the nature of the power of the Registrar of Titles. Despite the myriad of powers and duties afforded to the Registrar of Titles in Malaysia, in reality, the powers are legally restricted and the position is merely considered as an automaton in the land registration system.
20
Gerasenko, E. V. "The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts." Rossijskoe pravosudie 6 (May 20, 2020): 26–34. http://dx.doi.org/10.37399/issn2072-909x.2020.6.26-34.
Повний текст джерелаАнотація:
Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».
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Edy, Slamet Sarwo. "INDEPENDENSI SISTEM PERADILAN MILITER DI INDONESIA (Studi Tentang Struktur Peradilan Militer)." Jurnal Hukum dan Peradilan 6, no. 1 (March 31, 2017): 105. http://dx.doi.org/10.25216/jhp.6.1.2017.105-128.
Повний текст джерелаАнотація:
Military Court is the body that conduct the judicial power in the Indonesian Military Force (TNI) scope to enforce law and justice. The Military Court does not culminate and not supervised by the Indonesian Military Force headquarters, but culminates and is supervised by the Supreme Court of the Republic of Indonesia. The Philosophy of the occurrence of dependence in the first military justice system, because of the interest of the military (TNI) which is associated with its principal task of TNI is to defend the national sovereignty, for that reason, by putting the role of commander of the unit (Ankum) as well as kepaperaan within the law enforcement system. The Head of the district court also covers Military Court in his jurisdiction because of it the Head of district court becomes the Head of Military Court. The Registrar is automatically also the Registrar of Military Court, Head of State Prosecutors assigned as military prosecutor. These circumstances affect objections which are seen as unfavorable for military or military units. The authority of the Court is no longer based on the rank of the defendant, the hierarchy of court proceedings such as judges, military Prosecutors, defense attorneys, no longer use the rank but wearing a toga. Development of organizational, administrative, financial of Military Courts is fully under the Supreme Court held consequently as stipulated in the law of judicial power. The execution of criminal act by military prison, executed equally as prisoner without discriminating the person by his rank.Keyword: dependency, independency, military justice system
22
Svitlychnyy, O. P. "Public service activities of public authorities in the protection of citizens' rights." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 184–89. http://dx.doi.org/10.24144/2788-6018.2022.03.33.
Повний текст джерелаАнотація:
Ukraine’s accession to the European political, economic, informational and legal space encourages the state, executive bodies, local self-government bodies and other subjects of public administration in relations with citizens to adhere to the priority of human and civil rights and freedoms. In modern conditions, an important role in the relations of citizens and legal entities with the subjects of public administration is played by public service activities of executive bodies and local governments, as well as subjects of delegated powers, which in accordance with current regulations provide various services.
Legislation and bylaws are analyzed. In particular, a study of the Laws of Ukraine: «On Consumer Protection», «On Public Procurement», «On the use of registrars of settlement transactions in trade, catering and services», «On free legal aid», «On administrative services», «On social services», «On the provision of public (electronic public) services for the declaration and registration of residence in Ukraine», as well as the Tax Code of Ukraine.
The international legal acts that had a significant impact on the formation of domestic legislation and the activities of public administration in the field of providing various types of services are analyzed. The study of legislative acts and bylaws gave grounds to establish that depending on the specifics of the regulation of public relations in the analyzed regulations use different definitions of «services», as well as terminological and cognitive aspects, organizational principles of business entities , in particular, relating to the provision of services, requirements and procedures for the provision of services, determining the rights and obligations of the subject of provision and the customer of the service.
Attention is drawn to the fact that in case of poor-quality administrative services, citizens of Ukraine and foreigners protect the violated rights in the administrative court.
The need to develop a normative act, which should be a framework for public administration, to protect the rights and legitimate interests of all parties to the relationship in the provision and receipt of various services.
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Suhariyanto, Budi. "QUO VADIS: STATUS JABATAN DAN SISTEM KARIR KEPANITERAAN PERADILAN." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 11. http://dx.doi.org/10.25216/jhp.3.1.2014.11-24.
Повний текст джерелаАнотація:
Normatively, judicial registrar status is set differently. While explicity defined as a functional, but without the credit and judicial office. Functional qualification held judicial registrar existence is synchronizedwith the structural position of the promotion system and regular. A clerk on the supreme of court must be a judges. So that the clerk have a career at the highest level only appellate court registry. The supreme of court regulation drafting that gaves the registrar portion to career clerk, then enactment of civilian state apparatus regulation get the civil servants functional oriented. It is necessary to evaluate the official status to career system. On the ius constituendum, registrar as the special functional need to be considered. Keyword: function, career, registrar
24
Hanna Ambaras Khan, Nora Abdul Hak, Najibah Mohd Zin, and Roslina Che Soh. "THE CHALLENGES IN ENFORCING POST DIVORCE ORDERS OF NATIVE COURTS IN EAST MALAYSIA." IIUM Law Journal 29, (S1) (May 12, 2021): 17–35. http://dx.doi.org/10.31436/iiumlj.v29i(s1).633.
Повний текст джерелаАнотація:
The native court in Malaysia comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak. The existence of this court is recognised by the Malaysian Government and they are mentioned in the Federal Constitution of Malaysia. Although these courts are given power and authority in dealing with the personal law of natives in each state, there are challenges in enforcing post-divorce orders made by these courts. This article is significant since there is a dearth of study on this topic. The main objective of this article is to examine the enforcement of post-divorce orders of native courts within East Malaysia. It will also explore the problems and challenges of divorcees in enforcing divorce orders and provide recommendations to improve the existing system. This article adopts library-based and qualitative research method which consists of group discussions and interviews with the village headman (ketua kampung), headman (penghulu), community leader, native courts’ judges, native court of appeal’s judge, registrar of native court and several divorcees. The result of this research identified four challenges vis-a-vis: the capability to find the husband upon the issuance of the divorce order; second, husband’s default payment of maintenance; lack of manpower in enforcing the order and lastly, husband’s conversion to Islam. Thereafter, this article suggests that the government could provide assistance by empowering court bailiffs or enforcement bodies, increasing funding and to designate a special department for enforcement of divorce orders
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Lisova, T. V., M. V. Shulga, and T. M. Shulga. "Peculiarities of the protection of land rights violated in the process of performing registration actions." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 137–43. http://dx.doi.org/10.24144/2788-6018.2022.03.25.
Повний текст джерелаАнотація:
The article is devoted to the problem of ensuring the protection of land rights violated in the process of performing registration actions, its forms and features. Modern legislation in the field of state registration is analyzed in detail. The main focus of the article is on modern protection problems in the field of state registration of the rights of subjects of land relations. The article states that the state registration of the rights of individuals and legal entities is a separate important area of ensuring the guarantees of these rights of subjects. The relevance of this issue in modern conditions is emphasized. Emphasis is placed on the complexity of legal regulation of land registration relations. Scientific works of scientists on solving the specified problem are given. It is emphasized that the evasion of citizens and legal entities from the state registration of land plots in accordance with the Land Code of Ukraine is one of the violations of land legislation. It is noted that the land rights of citizens and legal entities may be violated in the process of registration activities by authorized persons in the sphere of exercising their respective powers and require protection and restoration. The legal position of subjects exercising powers in the field of state registration of rights is studied, a separate place in the article is devoted to state registrars of rights to real estate. The administrative and judicial procedure for the protection of violated rights in the specified area as a result of decisions, actions or inaction of the relevant officials has been analyzed.
It is emphasized that the peculiarity of the protection of land rights of citizens and legal entities is due to the fact that the state registration of land plots precedes the state registration of rights to land plots. The lack of state registration of a land plot does not allow registering the relevant property right to it. It is emphasized that the protection of rights consists in the elimination, recognition as illegal (invalid) of decisions, actions and inaction of officials who exercise powers in the field of state registration of land plots and rights to them. Ways of protecting land rights in court are analyzed.
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Schwebel, Stephen M. "Attainments of Eduardo Valencia-Ospina as Deputy Registrar and Registrar of the International Court of Justice." Leiden Journal of International Law 13, no. 2 (June 2000): 341–42. http://dx.doi.org/10.1017/s0922156500000248.
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Suhariyanto, Budi. "REKONSTRUKSI PENGEMBANGAN KARIER JABATAN FUNGSIONAL PANITERA PENGGANTI PERADILAN DI INDONESIA / The Carier Development Reconstruction Of Registrar Functional Position In Indonesian Judiciary." Jurnal Hukum dan Peradilan 5, no. 3 (November 29, 2016): 391. http://dx.doi.org/10.25216/jhp.5.3.2016.391-406.
Повний текст джерелаАнотація:
Pada umumnya jabatan fungsional dikelola dan dibina secara terpadu dalam satu sistem kepegawaian secara nasional oleh satu instansi pembina fungsionalnya. Tidak demikian dengan jabatan fungsional panitera pengganti yang pengelolaan dan pembinaan kepegawaiannya berbeda sesuai lembaga peradilannya masing-masing yaitu Mahkamah Agung, Mahkamah Konstitusi, dan badan peradilan di bawah Mahkamah Agung. Perbedaan kedudukan dan syarat jabatan fungsional dari ketiga lembaga peradilan ini menjadi salah satu kendala tidak memungkinkannya sistem pembinaan panitera pengganti disatukan. Misalnya sebagian (Mahkamah Konstitusi dan badan peradilan di bawah Mahkamah Agung) mensyaratkan PNS tetapi selainnya (Mahkamah Agung) adalah seorang hakim. Persoalan kurang linier dan singkronnya sistem kepegawaian dan pembinaannya menyebabkan “kurang jelas” dan proporsionalnya jabatan fungsional panitera pengganti. Pengembangan karier ke samping melalui penerapan angka kredit sebagai konsekuensi jabatan fungsional keahlian perlu dirumuskan sehingga kedudukan dan pola kariernya tidak semata mengarah vertikal ke arah struktural Panitera Muda dan Panitera saja. Rekonstruksi jabatan fungsional keahlian panitera pengganti perlu juga dilakukan dengan cara menerapkan syarat dan sistem pembinaan yang sama secara nasional sehingga semakin baik performance dan meningkat profesionalisme pejabatnya. The functional position generally managed and fostered in a nationally integrated one employment system by the fostering institution of the functional position. Unfortunately, the differentiate management and employment building occurs in the functional position of registrar, along with its judicial institution namely Supreme Court, Constitutional Court and judiciary body below Supreme Court. The different status and functional position requirement from those three judicial institutions become one of the obstacles the registrar fostering system cannot be united. For example, Constitutional Court and judiciary body under Supreme Court require civil servant as a registrar meanwhile Supreme Court Registrar is a judge. The issue of less linear and synchronization employment system led to disproportional of the fostering of registrar functional position. The career development horizontally through the application of credit points is indeed needed to construct as an expertise functional position consequences. Hence the position and carrier pattern does not only lead vertically to chief and deputy chief of registrar. The reconstruction of the expertise functional position of registrar should also apply the same requirement and fostering system nationally, this will lead performance and professionalism upgrading.
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Logan, Wayne A. "Challenging the Punitiveness of “New-Generation” Sorn Laws." New Criminal Law Review 21, no. 3 (2018): 426–57. http://dx.doi.org/10.1525/nclr.2018.21.3.426.
Повний текст джерелаАнотація:
Sex offender registration and notification (SORN) laws have been in effect nationwide since the 1990s, and publicly available registries today contain information on hundreds of thousands of individuals. To date, most courts, including the Supreme Court in 2003, have concluded that the laws are regulatory, not punitive, in nature, allowing them to be applied retroactively consistent with the Ex Post Facto Clause. Recently, however, several state supreme courts, as well as the Sixth Circuit Court of Appeals, addressing challenges lodged against new-generation SORN laws of a considerably more onerous and expansive character, have granted relief, concluding that the laws are punitive in effect. This article examines these decisions, which are distinct not only for their results, but also for the courts’ decidedly more critical scrutiny of the justifications, purposes, and efficacy of SORN laws. The implications of the latter development in particular could well lay the groundwork for a broader challenge against the laws, including one sounding in substantive due process, which unlike ex post facto–based litigation would affect the viability of SORN vis-à-vis current and future potential registrants.
29
Hill, Mark. "Religious Symbolism and Conscientious Objection in the Workplace: An Evaluation of Strasbourg's Judgment in Eweida and others v United Kingdom." Ecclesiastical Law Journal 15, no. 2 (April 10, 2013): 191–203. http://dx.doi.org/10.1017/s0956618x13000215.
Повний текст джерелаАнотація:
The judgment of the European Court of Human Rights in Eweida and others v United Kingdom1 related to two pairs of cases.2 The first pair concerned a British Airways check-in clerk and a nurse, each of whom complained that dress codes at their respective places of work prevented them from openly wearing a small cross on a chain around their neck. In the second pair, a registrar of marriages and a relationship counsellor refused to offer their respective services to same-sex couples on the basis that homosexual acts were incompatible with their religious beliefs. Having failed to obtain relief in the domestic courts, all four applicants took their claims to Strasbourg, which heard oral argument last September. Judgment was pronounced on 15 January 2013. This Comment considers the broad thrust of the judgment, particularly the threefold manner by which the Court has clarified and embedded the right to freedom of religion, the practical outcome in the individual cases, and the likely effect of the judgment upon future litigation in the domestic courts of the United Kingdom.
30
Clements, Richard. "ReVisiting the ICC Registry’s ReVision Project." Journal of International Criminal Justice 17, no. 2 (May 1, 2019): 259–84. http://dx.doi.org/10.1093/jicj/mqz014.
Повний текст джерелаАнотація:
Abstract The reorganization of the Registry of the International Criminal Court (ICC) — known as ReVision — remains the most comprehensive reform exercise undertaken by the Court in its 20-year history. Despite lawyers being at the forefront of calls for such reforms, few have analysed the context, achievements and limitations of this exercise. This article remedies that lack by analysing the context in which ReVision arose, and the main features of the project. It evaluates the project’s claim to have rendered the Registry a more efficient and effective organ. It also looks to ReVision’s impact on the independence of the ICC, as well as on key court participants including staff, victims and accused persons. Evaluating ReVision along these lines, the article paints a mixed picture of its results. Such ambiguity provides ICC officials and observers with an opportunity to reflect on the inherent value of managerial reform while also asking fundamental questions about the court’s priorities when pursuing reforms like ReVision.
31
Hopkins, Daniel J., Marc Meredith, Anjali Chainani, Nathaniel Olin, and Tiffany Tse. "Results from a 2020 field experiment encouraging voting by mail." Proceedings of the National Academy of Sciences 118, no. 4 (January 19, 2021): e2021022118. http://dx.doi.org/10.1073/pnas.2021022118.
Повний текст джерелаАнотація:
The ability to cast a mail ballot can safeguard the franchise. However, because there are often additional procedural protections to ensure that a ballot cast in person counts, voting by mail can also jeopardize people’s ability to cast a recorded vote. An experiment carried out during the COVID-19 pandemic illustrates both forces. Philadelphia officials randomly sent 46,960 Philadelphia registrants postcards encouraging them to apply to vote by mail in the lead-up to the June 2020 primary election. While the intervention increased the likelihood a registrant cast a mail ballot by 0.4 percentage points (P = 0.017)—or 3%—many of these additional mail ballots counted only because a last-minute policy intervention allowed most mail ballots postmarked by Election Day to count.
32
Nuroniyah, Wardah. "Cerai Lebe sebagai Inisiatif Lokal dalam Upaya Meminimalisir Praktek Perceraian Liar (Studi Kasus di Desa Cangkring Kabupaten Indramayu)." Al-Manahij: Jurnal Kajian Hukum Islam 14, no. 1 (June 2, 2020): 113–29. http://dx.doi.org/10.24090/mnh.v14i1.3739.
Повний текст джерелаАнотація:
There are a lot of divorces conducted outside the court that occurs in Cangkring Village, Indramayu Regency. Uniquely in this village Lebe (a marriage registrar officer) became a facilitator in matters of divorce including in terms of handling administratively the data of divorced couples without submitting to the Religious Courts. Through a socio-juridical study, it is understandable as a choice for the community in resolving conflicts in marriages. There are many reasons for choosing divorce by Lebe, the individual reasons, such as the geographical location of the village that far from the court, economic factors, early marriage, low human resources, or local socio-cultural conditions that affect a person to do divorce through the Lebe. Based on the theory of social action by Talcott Parsons, the actors who chose divorce through Lebe are considered easier to achieve its goal of divorce. Divorce by Lebe in Cangkring village is intended to curb peace and legal protection for the people who have a very high divorce rate. The community was given convenience because the rules in divorce are not as complicated as the divorce process in the Religious Court, even though it is considered illegal.
33
Shifman, Bette E. "The Permanent Court of Arbitration: Current Developments." Leiden Journal of International Law 8, no. 2 (1995): 433–38. http://dx.doi.org/10.1017/s0922156500003435.
Повний текст джерелаАнотація:
This contribution is intended to update the author's recent contribution to this Journal concerning current developments at the Permanent Court of Arbitration (PCA). Developments since the publication of that article primarily concern the PCA Financial Assistance Fund and the work of the Steering Committee. In addition, the International Bureau is currently serving as Registrar in three arbitrations initiated pursuant to the UNCITRAL Arbitration Rules, and has assumed a pivotal role in fostering contact and an exchange of views among international lawyers and jurists in The Netherlands.
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Edy, Slamet Sarwo. "INDEPENDENSI SISTEM PERADILAN MILITER DI INDONESIA (Studi Tentang Struktur Peradilan Militer) / THE INDEPENDENCY OF MILITARY JUSTICE SYSTEM IN THE INDONESIAN (The Study of The Structure of The Judiciary)." Jurnal Hukum dan Peradilan 6, no. 1 (March 31, 2017): 105. http://dx.doi.org/10.25216/jhp.6.1.2017.161.
Повний текст джерелаАнотація:
Peradilan militer adalah badan yang melaksanakan kekuasaan kehakiman di lingkungan TNI untuk menegakan hukum dan keadilan. Pengadilan militer tidak berpuncak dan tidak diawasi oleh markas besar TNI, tetapi berpuncak dan diawasi oleh MA RI. Filosofi terjadinya ketidakmandirian dalam sistem peradilan militer pertama, karena faktor kepentingan militer (TNI) yaitu berkaitan dengan tugas pokok TNI mempertahankan kedaulatan negara, oleh karena itu dengan menempatkan peran komandan satuan (Ankum) maupun lembaga kepaperaan didalam sistem penegakan hukum tersebut. Kedua, pada awal pembentukan organisasi peradilan militer menempatkan aparat peradilan sipil sebagai penjabat pada pengadilan militer. Ketua pengadilan negeri yang ditunjuk sebagai tempat kedudukan pengadilan tentara karena jabatannya menjadi ketua pengadilan tentara. Panitera pengadilan negeri juga menjabat sebagai panitera pengadilan tentara, kepala kejaksaan negeri ditetapkan sebagai jaksa tentara. Keadaan demikian menimbulkan keberatan-keberatan dengan alasan dipandang akan tidak menguntungkan bagi militer ataupun kesatuan militer. Peradilan militer ke depan harus mandiri baik secara kelembagaan maupun secara fungsional. Dalam konteks itu maka penyidik adalah polisi militer yang terdiri AD, AL dan AU, bertanggung jawab kepada Danpuspom TNI. Penuntutan dan pelimpahan perkara ke pengadilan dilaksanakan oleh oditur militer yang bertanggung jawab kepada Orjen TNI. Kewenangan pengadilan tidak lagi didasarkan kepada kepangkatan terdakwa. Pembinaan organisasi, administrasi, dan finansial pengadilan militer sepenuhnya berada dibawah MARI sebagaimana diatur dalam undang-undang.Military Court is the body that conduct the judicial power in the Indonesian Military Force (TNI) scope to enforce law and justice. The Military Court does not culminate and not supervised by the Indonesian Military Force headquarters, but culminates and is supervised by the Supreme Court of the Republic of Indonesia. The Philosophy of the occurrence of dependence in the first military justice system, because of the interest of the military (TNI) which is associated with its principal task of TNI is to defend the national sovereignty, for that reason, by putting the role of commander of the unit (Ankum) as well as kepaperaan within the law enforcement system. The Head of the district court also covers Military Court in his jurisdiction because of it the Head of district court becomes the Head of Military Court. The Registrar is automatically also the Registrar of Military Court, Head of State Prosecutors assigned as military prosecutor. These circumstances affect objections which are seen as unfavorable for military or military units. The authority of the Court is no longer based on the rank of the defendant, the hierarchy of court proceedings such as judges, military Prosecutors, defense attorneys, no longer use the rank but wearing a toga. Development of organizational, administrative, financial of Military Courts is fully under the Supreme Court held consequently as stipulated in the law of judicial power. The execution of criminal act by military prison, executed equally as prisoner without discriminating the person by his rank.
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Sughi, M. A. "Waiting for the registrar: appeal at the metropolitan court of Armagh." Peritia 13 (January 1999): 292–308. http://dx.doi.org/10.1484/j.peri.3.371.
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36
Guner, Ekrem. "Urology in forensic medicine registries in Ottoman court registry books." Türk Üroloji Dergisi/Turkish Journal of Urology 46, no. 1 (January 7, 2020): 80–86. http://dx.doi.org/10.5152/tud.2019.19067.
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Guner, E. "Urology in forensic medicine registries in Ottoman court registry books." European Urology Open Science 19 (July 2020): e1241. http://dx.doi.org/10.1016/s2666-1683(20)33416-9.
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38
AFIFI, ABDELRAHMAN. "On the Scope of Professional Secret and Confidentiality: The International Criminal Court Code of Professional Conduct for Counsel and the Lawyer's Dilemma." Leiden Journal of International Law 20, no. 2 (May 21, 2007): 467–87. http://dx.doi.org/10.1017/s0922156507004141.
Повний текст джерелаАнотація:
In late 2005 the Assembly of States Parties adopted the Code of Professional Conduct for Counsel of the International Criminal Court. Article 22 of the Code contains a provision on fee splitting which does not go as far as to place a positive duty on counsel to report such practices to the Registrar. This essay revisits this approach in the light of the practice of the ad hoc tribunals, the jurisprudence of the European Court of Human Rights, and existing norms in domestic legislation. It argues that the lawyer–client privilege is not absolute. Accordingly, the ICC should make it obligatory – through specific empowering clauses – for lawyers to advise their clients about the prohibition of the practice of fee splitting and to report the incident to the Registrar forthwith, notwithstanding any claim of privilege.
39
Lettmaier, Saskia. "Marriage Law and the Reformation." Law and History Review 35, no. 2 (March 6, 2017): 461–510. http://dx.doi.org/10.1017/s0738248017000104.
Повний текст джерелаАнотація:
If a German couple wanted to get married today, they would have to consult the German Civil Code, theBürgerliches Gesetzbuchor BGB, for information on how to do so. From the BGB, they would learn that—provided that they are competent, more than 18 years of age, not related in a direct line or (half-) siblings, and not currently married—they can get married before theStandesbeamteror civil registrar. They would also learn that should they want a divorce in the future, any proceedings would have to be brought in the family court, which is a special division within the German civil courts of first instance, and that the judge hearing their case would be required to consider whether their marriage has “failed”: a state of affairs that that judge would be legally compelled to presume if one or both of them wanted the divorce (and they had lived apart for a prescribed number of years).
40
Sandberg, Russell. "Defining the Divine." Ecclesiastical Law Journal 16, no. 2 (April 15, 2014): 198–204. http://dx.doi.org/10.1017/s0956618x1400009x.
Повний текст джерелаАнотація:
At first glance, it appeared to be a technical and dry decision about the operation of the Places of Worship Registration Act 1855, yet the Supreme Court judgment inR (on the Application of Hodkin) v Registrar General of Births, Deaths and Marriageswas actually one of the most significant decisions related to law and religion in 2013. The Justices of the Supreme Court held that a church within the Church of Scientology could be a ‘place of meeting for religious worship’ within section 2 of the 1855 Act. In so doing, the Supreme Court overruled one of the most well-known decisions in English religion law,R v Registrar General, ex parte Segerdal. InSegerdal, although the Court of Appeal had held that a chapel within the Church of Scientology could not be registered under the Act, the reasoning of their Lordships differed: Buckley LJ and Winn LJ focused on what they perceived to be the lack of ‘worship’, refusing to define the ‘chameleon word’ religion, while Lord Denning emphasised the phrase ‘religious worship’, holding that this required ‘reverence or veneration of God or a Supreme Being’ and that this was not met in the case of the Church of Scientology, which was ‘more a philosophy on the existence of man or of life than a religion’. All of these statements have been questioned by the bold Supreme Court judgment inHodkin, which provides guidance on how the terms ‘religion’ and ‘religious worship’ are to be understood by English law in the twenty-first century.
41
Fatahuddin Aziz Siregar, Juriyana Megawati Hasibuan Dan. "EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA." Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 6, no. 1 (July 8, 2020): 1–15. http://dx.doi.org/10.24952/el-qanuniy.v6i1.2467.
Повний текст джерелаАнотація:
Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.
42
Güner*, Ekrem. "FR01-12 UROLOGY IN FORENSIC MEDICINE REGISTRIES IN OTTOMAN COURT REGISTRY BOOKS." Journal of Urology 203 (April 2020): e288. http://dx.doi.org/10.1097/ju.0000000000000850.012.
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Sabir, Muhammad, Aris Aris, and Iin Mutmainnah. "THE PROBLEMS OF THE KHI ON ARTICLE 7 ABOUT THE MARRIAGE ISBAT IN A RELIGIOUS COURT." Syariah: Jurnal Hukum dan Pemikiran 21, no. 1 (June 4, 2021): 68. http://dx.doi.org/10.18592/sjhp.v21i1.3994.
Повний текст джерелаАнотація:
Abstrak: Sebelum melangsungkan perklawinan, terdapat beberapa rukun dan syarat yang mesti dipenuhi yang telah ditetapkan oleh undang-undang. Salah satunya adalah pencatatan perkawinan. Syarat tersebut bertujuan untuk memberikan kepastian dan pengakuan hukum bahwa sebuah perkawinan pernah terjadi. Akan tetapi pada kenyataannya masih banyak perkawinan tidak dicatat atau didaftarkan pada pegawai pencatat perkawinan yang berwenang. Pengadilan Agama selaku pelaksanan kekuasaan kehakiman dalam menangani masalah perkawinan dibutuhkan kejelian dalam menyelesaikan permasalahan tersebut. Penelitian ini bertujuan untuk mengenalisis pelaksanaan pasal 7 dalam KHI di Pengadilan agama tentang isbat nikah daln melihat penyebab sehingga terjadi isbat nikah. Dengan menggunakan pendekatan sosiologis dan yuridis, hasil dari penelitian ini bahwa masih banyak terjadi perkawinan bawah tangan yang dijumpai di pengadilan agama. Hal demikian terjadi karena berbagai faktor. Olehnya itu dibutuhkan kejelian pengadilan agama dalam menagani perkara tersebut dan dibutuhkan kehadiran Negara agar menyelesaikan sehingga praktik perkawinan tersebut tidak terjadi lagi.Kata kunci: Perkawinan, isbat nikah, Pengadilan Agama Abstract: Before entering into a marriage, there are several pillars and conditions that must be fiilfulled which have been stipulated by law. One of them is marriage registration. These requirements are to provide legal certainty and recognition that a marriage has occurred. However, in reality there are still many marriages that are not recorded or registered with the authorized marriage registrar. The Religious Court as the exercise of judicial power in handling marital problems requires carefulness to resolve these problems. This study aims to analyze the implementation of article 7 the KHI in the religious court regarding the isbat of marriage and to see the causes that lead to marriage isbat. By using a sociological and juridical approach, the results of this study show that there are still many under-handed marriages that are found in religious courts. The type marriage happened because of various factors. Therefore, religious courts need to be careful in handling these cases and the presence, help of the State is needed to resolve it so that the practice of marriage does not occur again.Keywords: Marriage, isbat, religious courts.
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Oxman, Bernard H., and Stefan A. Riesenfeld. "France—immunity from taxation under ICJ Statute—effect of customary international law in French administrative courts." American Journal of International Law 92, no. 4 (October 1998): 764–65. http://dx.doi.org/10.2307/2998143.
Повний текст джерелаАнотація:
In Re Aquarone. 101 Revue Générale de Droit International Public 838 (1997).Conseil d'Etat (Assemblée), June 6, 1997.In this case, the French Council of State, sitting in its most authoritative formation, had to pass on a petition by Stanislav Aquarone for review of a judgment of the administrative court of appeal of Lyon, dismissing his request for annulment of die imposition by France of income taxes on his retirement pension for the years 1981-1986, paid by the United Nations. In a carefully crafted opinion, the highest administrative court of France rejected die petition and die claim of immunity from taxation of his retirement pay by Aquarone, a former Registrar of the International Court of Justice and an Australian national now living in Gordes, France.
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von Hebel, Herman. "Remarks at the Maastricht Seminar for the List of Counsel before the International Criminal Court." International Criminal Law Review 16, no. 6 (November 23, 2016): 937–45. http://dx.doi.org/10.1163/15718123-01606001.
Повний текст джерелаАнотація:
These preliminary remarks present a vision for the future of the victims and defence functions in the International Criminal Court (icc). They purport to provoke an inspiring and constructive discussion about the ReVision project presented by the icc Registrar, and they are made on the basis of some of the fundamental principles that apply to the role of counsel equally regardless of whom they represent in the proceedings – defence, victims, witnesses, or States.
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Baister, Stephen, and John Tribe. "The origins and development of the office of registrar in bankruptcy of the High Court." International Insolvency Review 28, no. 3 (December 2019): 392–417. http://dx.doi.org/10.1002/iir.1355.
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Paulson, Colter. "Compliance With Final Judgments of the International Court of Justice Since 1987." American Journal of International Law 98, no. 3 (July 2004): 434–61. http://dx.doi.org/10.2307/3181640.
Повний текст джерелаАнотація:
Commentators on the International Court of Justice (ICJ) note that cases of noncompliance with final judgments are very rare. The ICJ registrar Philippe Couvreur, however, recognized that compliance is often hard to determine because judgments are varied, declarations may not reflect actual conduct, effects may only become apparent long after the judgment is given, and the legal or political situation may substantially change after the judgment. In this vein, Judge Jennings asked:The judgments of the Court are binding in law, but do they, in fact, resolve the matter? More work needs to be done here. It is ironic that the Court's business up to the delivery of judgment is published in lavish detail, but it is not at all easy to find out what happened afterwards.
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Jennings, R. Y. "The Judiciary, International and National, and the Development of International Law." International and Comparative Law Quarterly 45, no. 1 (January 1996): 1–12. http://dx.doi.org/10.1017/s0020589300058632.
Повний текст джерелаАнотація:
TheAnnual Digest of Public International Law Cases—the ancestor of theInternational Law Reports—was first published “under the direction” of the Department of International Studies of the London School of Economics. The “chief inspirers”, to use Fitzmaurice's phrase, were Arnold McNair and Hersch Lauterpacht, the latter then on the teaching staff of the School. There was also an Advisory Committee of Sir Cecil J. B. Hurst, a former President of the Permanent Court of International Justice and later Legal Adviser to the Foreign Office; W. E. Beckett, also of the Foreign Office; A. Hammarksjöld, the Registrar of the Permanent Court of International Justice, and Sir John Fischer Williams of Oxford and the Reparation Commission.
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Pietrzak, Helena. "Uznanie ojcostwa nowym sposobem ustalenia pochodzenia dziecka." Prawo Kanoniczne 52, no. 3-4 (December 10, 2009): 369–90. http://dx.doi.org/10.21697/pk.2009.52.3-4.19.
Повний текст джерелаАнотація:
On 13th June 2009 the amending of the family and guardianship code became effective, which thoroughly reformed the issues of a child’s descent, an aspect of parental authority and significantly influences a change of financial relations and situation in a family. One of the most essential changes is introduction of the institution of “acknowledgment of paternity” instead as so far a declaration on being a child’s father. It applies to the situation when there is no presumption that a husband of the child’s mother is the child’s father or when such presumption is destroyed. Thus the identification of paternity may come through acknowledgment of paternity or by decision of a court. The essence of changes in this regard is a possibility of effective expression of an act of acknowledgment by a biological father having a limited capacity to legal transaction (a requirement of the age of 16) without consent of his legal representative (exclusively before a guardianship court; if there are no grounds for his complete legal incapacitation). Such changes shall undoubtedly result in acceleration of all procedure of acknowledgment, since previously legal representatives of a minor could effectively obstruct going through such formalities owing to financial implications (e.g. child support). Time limits for a mother for confirmation of a declaration on acknowledgement of paternity remain unchanged. The amending of the family and guardianship code introduced also a few changes in acknowledgment of paternity by a minor father who can make a declaration (a strictly personal act) before the superintendent registrar and a child’s mother is to confirm at the same time or within three months of the date of the man’s declaration that such man is the child’s father. Besides, the acknowledgment of paternity may occur before a guardianship court and if abroad, also before a Polish consul or a person appointed to perform functions of a consul, if the acknowledgment concerns a child whose both or one of parents is a Polish citizen (art. 73 § 4 of the family and guardianship court). A catalog of persons entitled to take a declaration in circumstance of a threat to life has also been broadened. Subject to art. 74 § 1 of the family and guardianship code in case of any danger directly threatening life of a child’s mother or a man, whom the child descends from, a declaration necessary for acknowledgment of paternity may be recorded by a notary public or to made on record before a head of a commune (a mayor, a president of a town), a chief official of a district, a governor of a province, a secretary of a district or a commune. The record including the declaration necessary for acknowledgment of paternity should be immediately submit to the registrar’s office competent for preparation of a birth certificate of the child.
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Stahn, Carsten, Mohamed M. El Zeidy, and Héctor Olásolo. "The International Criminal Court’s Ad Hoc Jurisdiction Revisited." American Journal of International Law 99, no. 2 (April 2005): 421–31. http://dx.doi.org/10.2307/1562506.
Повний текст джерелаАнотація:
Article 12(3) of the Rome Statute of the International Criminal Court (ICC), which allows a state that is not a party to the Statute to “accept the exercise of jurisdiction by the Court” by way of a declaration lodged with the registrar, is one of the Statute's most inconspicuous provisions. It has attracted only brief notice either in the general literature on the jurisdiction of the ICC or in the particular context of the debate over U.S. objections to the Court's third-party jurisdiction. Few writers have looked closely at the provision's construction and procedural regime, and the first declaration made by a state under this provision—by the Ivory Coast in February 2005—has gone almost unnoticed in international theory and practice.