scholarly journals Legal Conflicts in the Border Dispute between Indonesia and Timor Leste

Lentera Hukum ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 349
Author(s):  
Dominikus Rato
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The State ◽  
Land Conflicts ◽  
Border Area ◽  
Law System ◽  
Traditional Leaders ◽  
Timor Leste ◽  
Border Dispute ◽  
Adat Law

This study aims to find the pattern of dependable approach in the border dispute settlement between Indonesia and Timor Leste in Oecusse. Historically, the community lived in the border area came from one ancestor. Because of social-political problems, however, the community subsequently followed the trajectory for which the partition between Indonesia and Timor Leste was undeniable. As a result of the partition, in the context, adat land should become the collective right of the community, which is situated under one adat law system but in the different national jurisdictions. This study questions on what causes collective land conflicts at the border of these countries. Using socio-legal and local wisdom approaches, as it is subsequently analyzed according to adat law, the study finds the cause that emerged as the result of the legal conflict between adat law and state law. If the state hands over the problem to adat communities or traditional leaders, based on their adat law dispute resolution, the conflict will resolve quickly. This study recommends the two states, Indonesia and Timor Leste, to provide the dispute resolution to adat or traditional leaders based on their adat law. Keywords: Legal Conflicts, Border Dispute, Adat Law.

Mengkonstruksi Alternative Dispute Resolution (ADR) yang Berlandaskan Hukum Islam dalam Kerangka Hukum Nasional

2020 ◽  
Vol 3 (1) ◽  
pp. 53-68
Author(s):  
Nita Triana
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Islamic Law ◽  
Law System ◽  
Long Time ◽  
Adat Law

ADR is an alternative dispute resolution, that consider peaceful and agreement.  Such a dispute has been a long time known by Indonesia society. Musyawarah and mufakat principles that exist in Adat Law and Islah principle that exist in Islamic Law constitute Living Law in Indonesia. Principle of Law as forgiving, peaceful and agreement that exists in Islah can construct ADR in frame National Law system.

scholarly journals THE FORMATION OF A SYSTEM OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN SERBIA

2016 ◽  
pp. 0-0
Author(s):  
Валерий Шрам ◽  
Valeriy Shram
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Third Parties ◽  
The State ◽  
Settlement Agreement ◽  
Minor Children ◽  
Rights And Interests ◽  
Settlement Of Disputes ◽  
State Rights

The article is devoted to the analysis of the formation of a system of alternative dispute resolution mechanisms in Serbia as one of the instruments stimulating the development of entrepreneurship and combating corruption. The author considers such nonjudicial legitimate methods of dispute resolution as negotiations of the parties, mediation, arbitration (binding arbitration) and the court of honor at the Economic chamber of Serbia, as well as other conciliation procedures. One of the main characteristic by which non-judicial methods of dispute resolution can be classified is the participation in them of third parties. The Serbian law relates to them participation of mediators in the reconciliation procedures, ombudsmen, state rights activists (authorized to protect the rights and interests of the state), judges, lawyers. Special attention is paid to mediation as a set of voluntary modes of settlement of the conflicting parties with the participation of third parties. The mediation is conducted on the good will of the conflicting parties by the mediator who seeks to resolve disputes through a settlement agreement. Under the law mediation can be realized by mediators, ombudsmen, state rights activists (authorized to protect the rights and interests of the state) who are trained by judges and lawyers. The article discusses the mechanism of pre-trial dispute settlement between the conflicting parties. Special attention is paid to the analysis of pre-trial settlement of disputes between parents of minor children decided to divorce. In Serbia an important role in the formation of alternative dispute resolution mechanisms of economic entities plays a chamber of Commerce of Serbia under which exists the court of honor and court of arbitration. Their competence includes the resolution of disputes through mediation.

scholarly journals The alternative law of alternative dispute resolution

2005 ◽  
Vol 32 (1) ◽  
pp. 3
Author(s):  
Gordon R. Woodman
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Good Reason ◽  
Legal Pluralism ◽  
The State ◽  
The Social ◽  
Social Fields ◽  
The Law ◽  
Resolution Processes

The perceptions afforded by the study of legal pluralism assist an understanding of the full scope and the social and moral significance of alternative dispute resolution. The latter term includes all modes and forms of dispute resolution within the legal order of the state other than the usual forms of adjudication by the ordinary courts. These modes may be classified in relatively wide and fluid categories as other forms of adjudication, and arbitration, mediation and negotiation. However, alternative dispute resolution also includes instances of all these processes which are not established, adopted, or made effective by the state. The study of legal pluralism throughout the world shows that almost everywhere are many such instances, generated within many semi-autonomous social fields other than the state, and falling into all the listed categories. The study of legal pluralism further suggests that the different dispute settlement processes are likely to be associated with different bodies of legal norms. There is evidence that to some extent alternative state processes employ different bodies of laws. The evidence also shows that non-state processes employ bodies of norms which always differ, and may differ widely from those of state law. While legal centralism denies these norms the name of "laws", there seems no good reason not to classify such rules and principles, which order relations within social fields other than the state, as "customary law", or by some similar term. Alternative dispure resolution processes have been lauded as enhancing the effectiveness of the law, providing wider access to justice or law. However, if the argument presented here is correct, it is not sufficient to represent them as implementing "the law". Rather each implements a different variety of law. The social functions of these different laws of different dispute resolution processes, both state and non-state, vary, and so need investigation in each particular case. Whether any law is to be approved as affecting power relations in the society concerned is similarly a matter for investigation. While it has been suggested that alternative dispute resolution processes can confer on the weak and underprivileged an opportunity to assert their interests, it has been argued against such a view that they may provide opportunities for the already powerful to increase their powers, free of the restraining influence of regular state courts. On the other hand, state processes may at certain historical moments be manipulated by the weak to their advantage. Non-state processes may, also in special circumstances, empower collectively the members of the social fields in which they operate.

scholarly journals EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 180-187
Author(s):  
Nataliia Anatoliivna Mazaraki
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Dispute Settlement ◽  
The State ◽  
Alternative Methods ◽  
Resolution System ◽  
Effective System ◽  
Business Entities ◽  
Dispute Settlement System ◽  
Commercial Disputes

Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. 
The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis.
The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters 
defining. 
At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. 
There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials.
The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions.
The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.

IMPROVING MECHANISMS OF COOPERATION BETWEEN THE STATE BORDER SERVICE OF UKRAINE, PUBLIC ORGANISATIONS AND POPULATION

2018 ◽  
Vol 1 (11) ◽  
pp. 91-101
Author(s):  
Iakiv Serhiiovych Halaniuk
Keyword(s):  
Political Stability ◽  
Subject Area ◽  
The State ◽  
Military Force ◽  
Border Area ◽  
Public Control ◽  
The Public ◽  
Mechanism Model ◽  
Public Organisations ◽  
The Military

The article highlights the author’s approach to improving coopera- tion mechanisms of the State Border Service of Ukraine with public organiza- tions and population. There has been analyzed public control as a means their cooperation and priorities of improving the cooperation, particularly, forms and methods of organizing citizens’ feedback, introduction of the assessment pro- cedure of the efficiency of the SBSU and population and public organization. There have been stated conceptual pillars of the public control development in the SBSU, developed by the author, including public control forms and resource provision. There has been considered a mechanism algorithm of the public par- ticipation in the development of the border administration through submitting petitions or proposals concerning a legally enforceable enactment draft (or the legally enforceable enactment currently in force). There has been represented a mechanism model of discussing legally enforceable enactments and public peti- tions, developed by the author. It is noted that one of the mechanisms of interac- tion of the SBSU with the public is effective public control, which becomes an in- tegral part of ensuring national security and political stability. The conditions of permanence of Ukraine's threats in the border area, and in certain areas and their exacerbation, along with further reforms of the institutes of Ukrainian statehood, cause the problem of establishing and implementing public control in the border area as an important and urgent one.It is proved that public control is intended to determine the correctness of the military-force policy in the border area, the validity of the scale and optimality of the forms of activity of the border guards. In accordance with all this, in the subject area of public control should be: political decisions on issues of border security, including international agreements; the expediency and validity of government programs for the provision and reform of the border authorities of Ukraine, assess- ment of the effectiveness of these programs and the procedure for making changes to them.

Contested boundaries

Focaal ◽  
2014 ◽  
Vol 2014 (68) ◽  
pp. 105-123
Author(s):  
Jennifer Alvey
Keyword(s):  
State Formation ◽  
The State ◽  
Discursive Construction ◽  
Representational Practices ◽  
Shared Language ◽  
Border Dispute ◽  
Land Privatization ◽  
State Actors

This article examines a 20-year border dispute between two adjacent southern interior municipalities in Nicaragua. The dispute acts as window into the politics of state formation and the consolidation of the dictatorship of Anastacio Somoza García (1936–1956). This conflict was waged by locally based “state actors” who contested each other's attempts to stake and extend spatially based claims to authority. Contending parties developed a shared language of contention that I call “administrative disorder”, which tracked closely with accusations of invasion and abuse of authority. Administrative disorder discourses were representational practices that contributed to the discursive construction of the state. They were also the means by which representatives of the state sought to justify or normalize their own activities. As such, these discourses concealed political tensions rooted in patronage networks, municipal formation, land privatization, and ethnic assimilation, which shaped the contours and longevity of the dispute, but remained lurking silences in administrative disorder discourses.

Dispute resolution in the Islamic banking industry of Tanzania: learning from other jurisdictions

2016 ◽  
Vol 9 (1) ◽  
pp. 125-142 ◽  
Author(s):  
Abdul-Nasser H.R. Hikmany ◽  
Umar A. Oseni
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Banking Industry ◽  
Banking System ◽  
Legal Framework ◽  
Policy Framework ◽  
Islamic Banking ◽  
Court System ◽  
Content Type ◽  
Good Policy

Purpose This paper aims to examine the prospects of a dispute resolution framework for the Islamic banking industry in Tanzania under the existing legal framework. Design/methodology/approach This paper is based on comparative study by drawing significant lessons from other jurisdictions, and argues that to avoid some of the initial drawbacks in the dispute resolution framework for Islamic banking transactions in more advanced jurisdictions like Malaysia and United Kingdom, it is important for Tanzania to get it right from the onset to effectively manage Islamic banking disputes. Findings The study finds that apart from the court system which provides the main avenue for Islamic finance litigation, other processes such as arbitration and mediation which are deemed to be more sustainable could also be developed for effective dispute management. Research limitations/implications The study focuses on Tanzania banking system with comparison to other jurisdictions. Practical implications An increase of Sharī’ah-compliant products in Tanzania has led to the establishment of a number of Islamic banks. This study demonstrates the need for Tanzania to make use and/or make adjustment of its laws for effective dispute settlement of banking-related disputes. Originality/value This study appears to be the first paper to draw significant experiences from other jurisdictions to resolve Islamic banking disputes in Tanzania. It is expected to provide a good policy framework for the stakeholders in the Islamic banking industry in Tanzania.

Mediation Effectiveness in Sharia Economic Dispute Settlement: Phenomenology in Bukittinggi Religious Court

2021 ◽  
Vol 6 (1) ◽  
pp. 78
Author(s):  
Riska Fauziah Hayati ◽  
Busyro Busyro ◽  
Bustamar Bustamar
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Culture ◽  
Analysis Framework ◽  
Legal Structure ◽  
Inhibiting Factors ◽  
The Law ◽  
Mediation Effectiveness

<p dir="ltr"><span>The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court, and what are the inhibiting factors success of mediation. To answer this question, the author uses an inductive and deductive analysis framework regarding the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. The ineffectiveness is caused by several factors that influence it: First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, in terms of legal culture, there are still many people who are not aware of the law and do not understand mediation well, so they consider mediation to be unimportant.</span> </p><p><em>Tulisan ini mengkaji tentang bagaimana efektivitas mediasi dalam penyelesaian sengketa ekonomi syariah berdasarkan PERMA Nomor 1 Tahun 2016 di Pengadilan Agama Bukittinggi dan apa saja yang menjadi faktor penghambat keberhasilan mediasi. Untuk menjawab pertanyaan tersebut, penulis menggunakan kerangka analisa induktif dan deduktif dengan mengacu pada teori efektivitas hukum Lawrence M. Friedman. </em><em>Tulisan ini menemukan bahwa m</em><em>ediasi dalam p</em><em>enyelesaian sengketa ekonomi syariah di Pengadilan Agama Bukittinggi </em><em>dari tahun 2016 sampai 2019 </em><em>belum efektif</em><em>. Hal ini karena dipengaruhi oleh beberapa faktor. </em><em> </em><em>Pertama, dari segi substansi hukum, yaitu PERMA No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan masih memiliki kekurangan dalam menjawab persoalan masyarakat yang terus berkembang. Kedua, dari segi struktur hukum, belum adanya hakim yang memiliki sertifikat mediator. Ketiga, sarana dan prasarana hukum di Pengadilan Agama Bukittinggi sudah mendukung mediasi. Keempat, dari segi budaya hukum, masih banyaknya masyarakat yang tidak sadar hukum dan tidak mengerti persoalan mediasi dengan baik, sehingga menganggap mediasi tidak penting.</em><em></em></p>

Expanding Teacher's Creativity During Covid-19 Era at Timor-leste Border Area in 2020

2021 ◽  
Author(s):  
Frederikus Fios ◽  
Silverius Constantino Yohanes Maria Lake ◽  
Murty Magda MMP Pane ◽  
Christian CS Siregar ◽  
Winibaldus Stefanus Mere
Keyword(s):  
Border Area ◽  
Timor Leste

Kant’s Naturrecht Feyerabend, Achenwall and the Role of the State

Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory
Keyword(s):  
Political Philosophy ◽  
Sustained Attention ◽  
Natural Law ◽  
The State ◽  
Natural Rights ◽  
Law System ◽  
Role Of The State ◽  
The Will ◽  
Subjective Rights

Abstract Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative gap between objective law (prohibitions, prescriptions and permissions) and subjective rights (moral capacities). In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights.

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