The phases of session of the civil case in district court :
1. Plaintiff brings a lawsuit to the district court.
2. Plaintiff and sued to be called to attend the court on which have been determined. Plaintiff and sued can authorized to its law power/legal representatives (advocate / lawyer )
3. First storey level jurisdiction / District court jurisdiction.
- A. Inspection/verification ( done / conducted ) by ceremony of single judge or judge council (panel judges).
- B. Possibility which can be happened :
1. Plaintiff attend, but sued have never attended.
Suing can be granted by Verstek
2. To the decision verstek, sued can raise the resistance/Verzet.
3. The sued by attend, but absent plaintiff, suing can be lost conclude/decision. After expressed to be lost, plaintiff admits of to bring a lawsuit to the court again.
4. Plaintiff and sued to attend, the judge have to try to pacify the both parties. If happened by the peace, hence made by a peace act which its strength is equal to decision. If didn’t reached the peace, hence inspection/verification continued.
5. The Sued beside raise the reply sue the (answer in KONPENSI), enabled also raise the exception and REKONPENSI claim.
6. In suing, plaintiff possible applies to confiscate the guarantee, Profisi suing an interrupt decision/judgment.
7. Plaintiff reply the answer sued / Replicate (Replik)
8. Sued to reply the replicate plaintiff / Duplicate (Duplik)
9. Enabled still do conduct of replying plaintiff :
- Re-replicate sued
- Reduplicate
10. Plaintiff raise/submit the verification/evidence
- evidence / the letter/the document
11. Sued to raise/submit the verification fight against the
- evidence / the letter / the document
12. Plaintiff raise the verification
- attending the witness
13. Sued to raise the verification
- attending the witness
14. Whether plaintiff and also sued to raise the Conclusion
15. District court decision :
- Suing granted entirely / partly
- Suing refused/rejected
- In-acceptable suing
16. To district court decision/judgment/verdict
1. Plaintiff and or sued to accept the decision/verdict
2. The party who won can request the decision execution to the district court ( execute )
3. Plaintiff and or sued can raise/filed to appeal to the high court.
SUED/DEFENDANT ANSWER
Consist by two kinds of :
1. Indirect answer about the case of lawsuit is called defence (eksepsi)
2. Sued/defendant answer to hit the case of lawsuit (verweer ten principale)
DEFENCE / EKSEPSI
“Sued/defendant answer which its contents aim to paralyses the plaintiff lawsuit from its formal facet.”
- Indirectly hit the case of lawsuit
- Contains the cancellation demand is suing/lawsuit
The kinds of defence / Eksepsi :
1. Defence of Prosesuil
Defence copying / aim to demand do not accept of suing/lawsuit
It is consist of :
a. Defence / eksepsi declinatoir
Defence having the character of to parry
For example :
- About do not command (jurisdiction of the judge)
- Defence that suing/lawsuit is cancel
b. Defence / eksepsi disqualificatoir
Defence that plaintiff haven’t authority as a plaintiff
2. Material of Defence / Eksepsi
- Defence based on the material law
It is consist of :
a) Defence / eksepsi dilatoir
Defence having the character of delay
For example :
- That plaintiff demand not yet earned granted, because plaintiff in reality give delay of payment Premature / Untimely raising of suing/lawsuit
b) Defence / Eksepsi Peremptoir
Defence hindering granting of lawsuit/have represented/concerning case of lawsuit
For example :
Defence because of statue bared of time/expired Debt of taken has its is suing/lawsuit base have been abolished
THE CONDITIONS GRANTING of The LAWSUIT WITH DECISION VERSTEK (Article 125 ( 1 ) HIR)
1. Sued/defendant altogether do not come on session which have been determined
2. All sued/defendant do not deliver the proxy that have the power valid to face
3. Sued/all sued/all defendant have been called properly
4. Petitum do not broke the law
5. Petitum have occasion to
- If condition 1, 2, and 3 fulfilled but however petitum in the reality against the rights/out of reason, hence thought case decision by verstek but suing/lawsuit refused
- If condition 1 ,2, and 3 fulfilled, but in the reality there is formal mistake in the lawsuit, hence case decision by verstek but suing expressed unacceptable
ERROR IN PERSONA
Suing assumed by “error in persona”/mistake the subject, if :
1. Disqualification in person
- Plaintiff of non persona of stand in judicio
because :
a. infancy
b. no one who have the rights and importance
c. under curate (Kuratele)
If acting power ineligibility :
- Do not get the power, orally or by letter/power of attorney
- Illegal letter/power of attorney (unlawful)
2. Gemis Aanhoedanigheid
- One who is pulled by as sued/defendant imprecise
(for example : Supreme Court Decision, 20 April 1977 No. 601 k / SIP / 1975 , a foundation manager sued personally)
3. Plurium Litis Consortium
- One who is pulled by as sued/defendant incomplete
(for example : Supreme Court Decision, 25 May 1977 No. 621 k / SIP / 1975, in the reality partly estate litigated shall no longer be mastered to be sued/defendant, but have become the third party property, hence the third party have to follow sued)
Jurisdiction or procedure of the Appeal Court / the High court
1. Inspection done by Panel Judges or Single Judge.
2. Inspection based on inspection of case letters/documents without hearing
direct of the applicant to appeal / requested to appeal or witness.
3. High court can performs an additional inspection by hearing the parties directly and or witness, or submit to the District court.
4. To party side raising legal effort to appeal, either applicant and also appeal requested, is not obliged to make appeal memory and or appeal contra memory.
5. High Court Decision :
● Strengthens District Court decision
● Cancel District Court decision, judge or proceed them self.
6. From the High court Decision :
● Applicant to appeal and or Requested to appeal receives The judgment/verdict/decision.
● Applicant to appeal and or appeal requested can submit legal effort
(Cassation).
● Won party able to apply execution to the High court thru the District court.
Jurisdiction or procedure of Level Of Cassation by Appellate / Supreme court
1. Inspection done by Ceremony Of Grand Supreme Judge.
2. Inspection based on inspection of bundle / case letters / documents without hearing the parties directly and or witnesses.
3. Cassation Applicant is obliged to make Cassation Memory, The Requested Cassation is not obliged to make cassation contra memory.
4. What can be submitted as / for reason of cassation is :
● Existence / there is of negligence in fulfilling conditions obliged by law and regulation the negligence with the cancelation the deed.
● Authority ultra vires
● Wrong in legal applying.
5. Appellate court doesn't investigate about the facts.
6. Appellate Court Decision / Cassation Decision :
● Be Decision which has had legal force definitive ( in-kracht).
● Won party able to apply execution of decision / execution at District court.
Extraordinary Legal Effort
1. To unsatisfied party / doesn't receive MA verdict / cassation Decision can submit Legal Effort to return ( PK). This legal effort doesn't stop or delays execution of justice decision and can be abstracted during has not been decided.
(requirement : there is a new evidence called “Novum”)
2. To a decision is enabled existence of resistance of third party or Darden Verzet, if the third party rights is harmed.
Investigation
(A lattice)
What is that investigation?
Investigation basically is to reveal something that is hidden.
The expression of the truth is the core of investigation.
What is the process of investigation?
Section one:
• The first lead is the source from which comes information about corruption and criminal acts/crime/violation of human rights.
• The initial investigation involves checking the leads which were given by the first lead, that is whether the criminal act/corruption occurred or not
• An investigation hypothesis is based on the initial investigation that has already been conducted.
• A literature search represents an effort to test a hypothesis using a literature study that is related to the criminal action/crime that occurred.
• Interviewing experts: interviews are to be conducted to support existing information.
• Finding a paper trail
• Interviewing key informants and sources
Section two:
• First hand observation: this process is done by observing the object of the investigation
• Organizing files means to classify data that has been gathered.
• More interviews
• Analyzing and organizing data
• Writing
• Fact checking
What must be done in investigation?
• Further research to gather evidence that supports or disproves the hypothesis
• A paper trail is to trace through public and private documents looking for evidence to support the hypothesis
• More interviews with the parties related to the investigation, parties that are directly involved as well as those that can provide background information on the topic of investigation
• Using methods of police investigation and anti-criminal tools.
• The disclosure of information which is not known by the public and information which is intentionally hidden by the parties who do or are involved in the crime
Matters that need to be attended to during an interview:
• The interviewer must be well-equipped, prepared with every question that will be asked. They must use an outline or if not, memorize the questions well.
Selasa, 02 November 2010
A new strategy to Law
The phases of session of the civil case in district court :
1. Plaintiff brings a lawsuit to the district court.
2. Plaintiff and sued to be called to attend the court on which have been determined. Plaintiff and sued can authorized to its law power/legal representatives (advocate / lawyer )
3. First storey level jurisdiction / District court jurisdiction.
- A. Inspection/verification ( done / conducted ) by ceremony of single judge or judge council (panel judges).
- B. Possibility which can be happened :
1. Plaintiff attend, but sued have never attended.
Suing can be granted by Verstek
2. To the decision verstek, sued can raise the resistance/Verzet.
3. The sued by attend, but absent plaintiff, suing can be lost conclude/decision. After expressed to be lost, plaintiff admits of to bring a lawsuit to the court again.
4. Plaintiff and sued to attend, the judge have to try to pacify the both parties. If happened by the peace, hence made by a peace act which its strength is equal to decision. If didn’t reached the peace, hence inspection/verification continued.
5. The Sued beside raise the reply sue the (answer in KONPENSI), enabled also raise the exception and REKONPENSI claim.
6. In suing, plaintiff possible applies to confiscate the guarantee, Profisi suing an interrupt decision/judgment.
7. Plaintiff reply the answer sued / Replicate (Replik)
8. Sued to reply the replicate plaintiff / Duplicate (Duplik)
9. Enabled still do conduct of replying plaintiff :
- Re-replicate sued
- Reduplicate
10. Plaintiff raise/submit the verification/evidence
- evidence / the letter/the document
11. Sued to raise/submit the verification fight against the
- evidence / the letter / the document
12. Plaintiff raise the verification
- attending the witness
13. Sued to raise the verification
- attending the witness
14. Whether plaintiff and also sued to raise the Conclusion
15. District court decision :
- Suing granted entirely / partly
- Suing refused/rejected
- In-acceptable suing
16. To district court decision/judgment/verdict
1. Plaintiff and or sued to accept the decision/verdict
2. The party who won can request the decision execution to the district court ( execute )
3. Plaintiff and or sued can raise/filed to appeal to the high court.
SUED/DEFENDANT ANSWER
Consist by two kinds of :
1. Indirect answer about the case of lawsuit is called defence (eksepsi)
2. Sued/defendant answer to hit the case of lawsuit (verweer ten principale)
DEFENCE / EKSEPSI
“Sued/defendant answer which its contents aim to paralyses the plaintiff lawsuit from its formal facet.”
- Indirectly hit the case of lawsuit
- Contains the cancellation demand is suing/lawsuit
The kinds of defence / Eksepsi :
1. Defence of Prosesuil
Defence copying / aim to demand do not accept of suing/lawsuit
It is consist of :
a. Defence / eksepsi declinatoir
Defence having the character of to parry
For example :
- About do not command (jurisdiction of the judge)
- Defence that suing/lawsuit is cancel
b. Defence / eksepsi disqualificatoir
Defence that plaintiff haven’t authority as a plaintiff
2. Material of Defence / Eksepsi
- Defence based on the material law
It is consist of :
a) Defence / eksepsi dilatoir
Defence having the character of delay
For example :
- That plaintiff demand not yet earned granted, because plaintiff in reality give delay of payment Premature / Untimely raising of suing/lawsuit
b) Defence / Eksepsi Peremptoir
Defence hindering granting of lawsuit/have represented/concerning case of lawsuit
For example :
Defence because of statue bared of time/expired Debt of taken has its is suing/lawsuit base have been abolished
THE CONDITIONS GRANTING of The LAWSUIT WITH DECISION VERSTEK (Article 125 ( 1 ) HIR)
1. Sued/defendant altogether do not come on session which have been determined
2. All sued/defendant do not deliver the proxy that have the power valid to face
3. Sued/all sued/all defendant have been called properly
4. Petitum do not broke the law
5. Petitum have occasion to
- If condition 1, 2, and 3 fulfilled but however petitum in the reality against the rights/out of reason, hence thought case decision by verstek but suing/lawsuit refused
- If condition 1 ,2, and 3 fulfilled, but in the reality there is formal mistake in the lawsuit, hence case decision by verstek but suing expressed unacceptable
ERROR IN PERSONA
Suing assumed by “error in persona”/mistake the subject, if :
1. Disqualification in person
- Plaintiff of non persona of stand in judicio
because :
a. infancy
b. no one who have the rights and importance
c. under curate (Kuratele)
If acting power ineligibility :
- Do not get the power, orally or by letter/power of attorney
- Illegal letter/power of attorney (unlawful)
2. Gemis Aanhoedanigheid
- One who is pulled by as sued/defendant imprecise
(for example : Supreme Court Decision, 20 April 1977 No. 601 k / SIP / 1975 , a foundation manager sued personally)
3. Plurium Litis Consortium
- One who is pulled by as sued/defendant incomplete
(for example : Supreme Court Decision, 25 May 1977 No. 621 k / SIP / 1975, in the reality partly estate litigated shall no longer be mastered to be sued/defendant, but have become the third party property, hence the third party have to follow sued)
Jurisdiction or procedure of the Appeal Court / the High court
1. Inspection done by Panel Judges or Single Judge.
2. Inspection based on inspection of case letters/documents without hearing
direct of the applicant to appeal / requested to appeal or witness.
3. High court can performs an additional inspection by hearing the parties directly and or witness, or submit to the District court.
4. To party side raising legal effort to appeal, either applicant and also appeal requested, is not obliged to make appeal memory and or appeal contra memory.
5. High Court Decision :
● Strengthens District Court decision
● Cancel District Court decision, judge or proceed them self.
6. From the High court Decision :
● Applicant to appeal and or Requested to appeal receives The judgment/verdict/decision.
● Applicant to appeal and or appeal requested can submit legal effort
(Cassation).
● Won party able to apply execution to the High court thru the District court.
Jurisdiction or procedure of Level Of Cassation by Appellate / Supreme court
1. Inspection done by Ceremony Of Grand Supreme Judge.
2. Inspection based on inspection of bundle / case letters / documents without hearing the parties directly and or witnesses.
3. Cassation Applicant is obliged to make Cassation Memory, The Requested Cassation is not obliged to make cassation contra memory.
4. What can be submitted as / for reason of cassation is :
● Existence / there is of negligence in fulfilling conditions obliged by law and regulation the negligence with the cancelation the deed.
● Authority ultra vires
● Wrong in legal applying.
5. Appellate court doesn't investigate about the facts.
6. Appellate Court Decision / Cassation Decision :
● Be Decision which has had legal force definitive ( in-kracht).
● Won party able to apply execution of decision / execution at District court.
Extraordinary Legal Effort
1. To unsatisfied party / doesn't receive MA verdict / cassation Decision can submit Legal Effort to return ( PK). This legal effort doesn't stop or delays execution of justice decision and can be abstracted during has not been decided.
(requirement : there is a new evidence called “Novum”)
2. To a decision is enabled existence of resistance of third party or Darden Verzet, if the third party rights is harmed.
Investigation
(A lattice)
What is that investigation?
Investigation basically is to reveal something that is hidden.
The expression of the truth is the core of investigation.
What is the process of investigation?
Section one:
• The first lead is the source from which comes information about corruption and criminal acts/crime/violation of human rights.
• The initial investigation involves checking the leads which were given by the first lead, that is whether the criminal act/corruption occurred or not
• An investigation hypothesis is based on the initial investigation that has already been conducted.
• A literature search represents an effort to test a hypothesis using a literature study that is related to the criminal action/crime that occurred.
• Interviewing experts: interviews are to be conducted to support existing information.
• Finding a paper trail
• Interviewing key informants and sources
Section two:
• First hand observation: this process is done by observing the object of the investigation
• Organizing files means to classify data that has been gathered.
• More interviews
• Analyzing and organizing data
• Writing
• Fact checking
What must be done in investigation?
• Further research to gather evidence that supports or disproves the hypothesis
• A paper trail is to trace through public and private documents looking for evidence to support the hypothesis
• More interviews with the parties related to the investigation, parties that are directly involved as well as those that can provide background information on the topic of investigation
• Using methods of police investigation and anti-criminal tools.
• The disclosure of information which is not known by the public and information which is intentionally hidden by the parties who do or are involved in the crime
Matters that need to be attended to during an interview:
• The interviewer must be well-equipped, prepared with every question that will be asked. They must use an outline or if not, memorize the questions well.
1. Plaintiff brings a lawsuit to the district court.
2. Plaintiff and sued to be called to attend the court on which have been determined. Plaintiff and sued can authorized to its law power/legal representatives (advocate / lawyer )
3. First storey level jurisdiction / District court jurisdiction.
- A. Inspection/verification ( done / conducted ) by ceremony of single judge or judge council (panel judges).
- B. Possibility which can be happened :
1. Plaintiff attend, but sued have never attended.
Suing can be granted by Verstek
2. To the decision verstek, sued can raise the resistance/Verzet.
3. The sued by attend, but absent plaintiff, suing can be lost conclude/decision. After expressed to be lost, plaintiff admits of to bring a lawsuit to the court again.
4. Plaintiff and sued to attend, the judge have to try to pacify the both parties. If happened by the peace, hence made by a peace act which its strength is equal to decision. If didn’t reached the peace, hence inspection/verification continued.
5. The Sued beside raise the reply sue the (answer in KONPENSI), enabled also raise the exception and REKONPENSI claim.
6. In suing, plaintiff possible applies to confiscate the guarantee, Profisi suing an interrupt decision/judgment.
7. Plaintiff reply the answer sued / Replicate (Replik)
8. Sued to reply the replicate plaintiff / Duplicate (Duplik)
9. Enabled still do conduct of replying plaintiff :
- Re-replicate sued
- Reduplicate
10. Plaintiff raise/submit the verification/evidence
- evidence / the letter/the document
11. Sued to raise/submit the verification fight against the
- evidence / the letter / the document
12. Plaintiff raise the verification
- attending the witness
13. Sued to raise the verification
- attending the witness
14. Whether plaintiff and also sued to raise the Conclusion
15. District court decision :
- Suing granted entirely / partly
- Suing refused/rejected
- In-acceptable suing
16. To district court decision/judgment/verdict
1. Plaintiff and or sued to accept the decision/verdict
2. The party who won can request the decision execution to the district court ( execute )
3. Plaintiff and or sued can raise/filed to appeal to the high court.
SUED/DEFENDANT ANSWER
Consist by two kinds of :
1. Indirect answer about the case of lawsuit is called defence (eksepsi)
2. Sued/defendant answer to hit the case of lawsuit (verweer ten principale)
DEFENCE / EKSEPSI
“Sued/defendant answer which its contents aim to paralyses the plaintiff lawsuit from its formal facet.”
- Indirectly hit the case of lawsuit
- Contains the cancellation demand is suing/lawsuit
The kinds of defence / Eksepsi :
1. Defence of Prosesuil
Defence copying / aim to demand do not accept of suing/lawsuit
It is consist of :
a. Defence / eksepsi declinatoir
Defence having the character of to parry
For example :
- About do not command (jurisdiction of the judge)
- Defence that suing/lawsuit is cancel
b. Defence / eksepsi disqualificatoir
Defence that plaintiff haven’t authority as a plaintiff
2. Material of Defence / Eksepsi
- Defence based on the material law
It is consist of :
a) Defence / eksepsi dilatoir
Defence having the character of delay
For example :
- That plaintiff demand not yet earned granted, because plaintiff in reality give delay of payment Premature / Untimely raising of suing/lawsuit
b) Defence / Eksepsi Peremptoir
Defence hindering granting of lawsuit/have represented/concerning case of lawsuit
For example :
Defence because of statue bared of time/expired Debt of taken has its is suing/lawsuit base have been abolished
THE CONDITIONS GRANTING of The LAWSUIT WITH DECISION VERSTEK (Article 125 ( 1 ) HIR)
1. Sued/defendant altogether do not come on session which have been determined
2. All sued/defendant do not deliver the proxy that have the power valid to face
3. Sued/all sued/all defendant have been called properly
4. Petitum do not broke the law
5. Petitum have occasion to
- If condition 1, 2, and 3 fulfilled but however petitum in the reality against the rights/out of reason, hence thought case decision by verstek but suing/lawsuit refused
- If condition 1 ,2, and 3 fulfilled, but in the reality there is formal mistake in the lawsuit, hence case decision by verstek but suing expressed unacceptable
ERROR IN PERSONA
Suing assumed by “error in persona”/mistake the subject, if :
1. Disqualification in person
- Plaintiff of non persona of stand in judicio
because :
a. infancy
b. no one who have the rights and importance
c. under curate (Kuratele)
If acting power ineligibility :
- Do not get the power, orally or by letter/power of attorney
- Illegal letter/power of attorney (unlawful)
2. Gemis Aanhoedanigheid
- One who is pulled by as sued/defendant imprecise
(for example : Supreme Court Decision, 20 April 1977 No. 601 k / SIP / 1975 , a foundation manager sued personally)
3. Plurium Litis Consortium
- One who is pulled by as sued/defendant incomplete
(for example : Supreme Court Decision, 25 May 1977 No. 621 k / SIP / 1975, in the reality partly estate litigated shall no longer be mastered to be sued/defendant, but have become the third party property, hence the third party have to follow sued)
Jurisdiction or procedure of the Appeal Court / the High court
1. Inspection done by Panel Judges or Single Judge.
2. Inspection based on inspection of case letters/documents without hearing
direct of the applicant to appeal / requested to appeal or witness.
3. High court can performs an additional inspection by hearing the parties directly and or witness, or submit to the District court.
4. To party side raising legal effort to appeal, either applicant and also appeal requested, is not obliged to make appeal memory and or appeal contra memory.
5. High Court Decision :
● Strengthens District Court decision
● Cancel District Court decision, judge or proceed them self.
6. From the High court Decision :
● Applicant to appeal and or Requested to appeal receives The judgment/verdict/decision.
● Applicant to appeal and or appeal requested can submit legal effort
(Cassation).
● Won party able to apply execution to the High court thru the District court.
Jurisdiction or procedure of Level Of Cassation by Appellate / Supreme court
1. Inspection done by Ceremony Of Grand Supreme Judge.
2. Inspection based on inspection of bundle / case letters / documents without hearing the parties directly and or witnesses.
3. Cassation Applicant is obliged to make Cassation Memory, The Requested Cassation is not obliged to make cassation contra memory.
4. What can be submitted as / for reason of cassation is :
● Existence / there is of negligence in fulfilling conditions obliged by law and regulation the negligence with the cancelation the deed.
● Authority ultra vires
● Wrong in legal applying.
5. Appellate court doesn't investigate about the facts.
6. Appellate Court Decision / Cassation Decision :
● Be Decision which has had legal force definitive ( in-kracht).
● Won party able to apply execution of decision / execution at District court.
Extraordinary Legal Effort
1. To unsatisfied party / doesn't receive MA verdict / cassation Decision can submit Legal Effort to return ( PK). This legal effort doesn't stop or delays execution of justice decision and can be abstracted during has not been decided.
(requirement : there is a new evidence called “Novum”)
2. To a decision is enabled existence of resistance of third party or Darden Verzet, if the third party rights is harmed.
Investigation
(A lattice)
What is that investigation?
Investigation basically is to reveal something that is hidden.
The expression of the truth is the core of investigation.
What is the process of investigation?
Section one:
• The first lead is the source from which comes information about corruption and criminal acts/crime/violation of human rights.
• The initial investigation involves checking the leads which were given by the first lead, that is whether the criminal act/corruption occurred or not
• An investigation hypothesis is based on the initial investigation that has already been conducted.
• A literature search represents an effort to test a hypothesis using a literature study that is related to the criminal action/crime that occurred.
• Interviewing experts: interviews are to be conducted to support existing information.
• Finding a paper trail
• Interviewing key informants and sources
Section two:
• First hand observation: this process is done by observing the object of the investigation
• Organizing files means to classify data that has been gathered.
• More interviews
• Analyzing and organizing data
• Writing
• Fact checking
What must be done in investigation?
• Further research to gather evidence that supports or disproves the hypothesis
• A paper trail is to trace through public and private documents looking for evidence to support the hypothesis
• More interviews with the parties related to the investigation, parties that are directly involved as well as those that can provide background information on the topic of investigation
• Using methods of police investigation and anti-criminal tools.
• The disclosure of information which is not known by the public and information which is intentionally hidden by the parties who do or are involved in the crime
Matters that need to be attended to during an interview:
• The interviewer must be well-equipped, prepared with every question that will be asked. They must use an outline or if not, memorize the questions well.
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