<p>Proses persidangan dalam hukum acara perdata, alat bukti surat, bukti saksi, persangkaan, pengakuan, dan sumpah. Selain itu ada alat bukti lain yaitu pemeriksaan setempat yang diatur Pasal 153 HIR/Pasal 180 Rbg dan Surat Edaran Mahkamah Agung No.7 Tahun 2001 untuk pemeriksaan setempat khusus benda tidak bergerak. Akan tetapi dalam prakteknya, pemeriksaan setempat ini sering tidak dilaksanakan, sehingga mengakibatkan putusan yang telah berkekuatan hukum tetap tidak dapat dilaksanakan (<em>non executable)</em>. Permasalahan yaitu bagaimana implementasi Surat Edaran Mahkamah Agung Nomor 7 Tahun 2001 Tentang Pemeriksaan Setempat dalam menyelesaikan sengketa tanah pada pengadilan negeri stabat dan hambatan apakah yang dihadapi dalam mengimplementasikan Surat Edaran Mahkamah Agung Nomor 7 Tahun 2001 Tentang Pemeriksaan Setempat dalam menyelesiakan sengketa tanah pada Pengadilan Negeri Stabat.</p>
As a public service institution, the court has political, juridical and sociological functions. The first one is to oblige all courts to carry and direct all court decisions towards the ideals of the proclamation. The second one is directed to administer justice, with the main task of receiving, examining and adjudicating and deciding cases that are brought to court, in order to enforce law and justice based on Pancasila ideology for the implementation of the constitutional state of the Republic of Indonesia. The third one refers to a dynamic role of the court in reorganizing the process of social life, especially for justice seekers. In the examination of civil cases in the district court, after the parties, both the plaintiff and the defendant, both in person and their attorneys are present at the trial, then the judge is obliged to examine the case and seek peace between the parties. One of the peace efforts carried out by the panel of judges who examine cases is by means of mediation. The effectiveness of the mediator's role in reducing the accumulation of cases during the pandemic has not been achieved. Efforts to overcome the obstacles faced by mediators in carrying out their role in reducing the accumulation of cases are to increase the number of human resources of mediators. Keywords: effectiveness, mediator’s roles, reduction, accumulation of legal cases
The purpose of this paper is to determine the legal arrangements for providing structural legal aid, what are the forms of litigation and non-litigation resolution, and how the obstacles are faced. The research is descriptive in nature, by describing the state of the subject and object, which can be people or institutions based on existing facts and uses a normative and empirical juridical approach, namely analyzing laws and regulations and conducting interviews with respondents. Data obtained through field research (field research). Based on the results of the research, the arrangements for providing structural legal aid by the Medan legal aid agency are Law No.16 of 2011 concerning legal aid and Government Regulation No. 42 of 2013 as the implementing regulation, and as for internal assistance, namely the standard operating procedures of the legal aid agency itself and other supporting laws. Field legal aid agencies resolve criminal cases in litigation and non-litigation terms. Litigation resolution is the handling of cases through court channels, namely acting as a companion, both in the police, prosecutors, and in court. Meanwhile, non-litigation settlement is the handling of cases outside the court route, namely by conducting legal counseling, legal consultation, mediation, and negotiations, which can be carried out by lawyers, paralegals, lecturers, and law faculty students who have met the requirements that have been set.
Inclusion of the names of both parents in the child's birth certificate can only be done if the child is born from a marriage which is carried out under religious law and state law, as stipulated in Article 2 Paragraph (1) and ( 2) of the Marriage Law. Article 27 Paragraph (1) and ( 2) of the Child Protection Law states that the identity of each child must be given from the time the child is born, which is stated on the birth certificate. The phrase must, which is contained in the sentence of each child's identity must given from birth in Article 27 Paragraph (1) of the Child Protection Law, it means that to have a birth certificate for a child is a must, regardless of whether the child is a legal child or a child born from an illegal marriage, in other words an outside child. Marry. The Method use in this research is empirical legal research. The purpose of this study was to determine the requirements and procedures for the issuance of birth certificates for legal and out-of-wedlock children as civil rights. In the Medan City Population and Civil Registry Service, the obstacles faced and overcome these obstacles. In theory, this research is useful for literature in the field of civil law, especially the civil rights of children on the Child Birth Certificate Issuance Implementation Beyond Marriage For Civil Rights in the Department of Population and Civil Registration Medan. City practically contribute ideas to parents whose marriage has not been registered, and practitioners law regarding the procedure for making birth certificates for children outside of marriage. This research is descriptive analysis. The type of research used is juridical normative and juridical empirical, with primary and secondary data, namely 1 (one) population officer, 1 (one) birth certificate officer and as an informant is the Head of
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.