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Legal Risks in Future Housing Purchase and Sale Contracts: A Case Research in Vietnam 未来房屋买卖合同中的法律风险:越南案例研究
Pub Date : 2024-06-07 DOI: 10.25041/aelr.v5i1.3419
Thao Le thi, Thanh Le Minh
A future housing purchase contract stipulates a predetermined sale price between a home buyer and seller, with the transaction set for a future date. This type of contract offers sellers the advantage of price security and continued property use until the sale, mitigating risks associated with market fluctuations and buyer scarcity. Nevertheless, these contracts also present several challenges, particularly the need for clear, transparent terms and careful legal risk management to safeguard the interests of all parties involved. This article uses the method pf analyzing the written law, the method of analyzing the situation trough the researching on secondary sources to analyze anticipated legal challenges in future housing purchase contracts and reviews relevant Vietnamese legal frameworks. It proposes essential contract terms and preventive measures aimed at minimizing risks and protecting the rights of the parties, focusing particularly on the buyer. These insights are intended to guide stakeholders in crafting more secure and equitable future housing purchase agreements.
未来住房购买合同规定了房屋买卖双方预先确定的销售价格,交易时间定在未来某一天。这种合同为卖方提供了价格保障和在出售前继续使用房产的优势,降低了与市场波动和买方稀缺有关的风险。不过,这类合同也存在一些挑战,特别是需要明确、透明的条款和谨慎的法律风险管理,以保障所有相关方的利益。本文采用成文法分析方法和通过二手资料研究分析形势的方法,分析了未来购房合同中的预期法律挑战,并回顾了越南的相关法律框架。文章提出了基本的合同条款和预防措施,旨在最大限度地降低风险和保护各方的权利,尤其侧重于买方。这些见解旨在指导利益相关者制定更安全、更公平的未来购房协议。
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引用次数: 0
Agricultural Land Pawning as a Social Institution in Wono Agung Village Tulang Bawang District Wono Agung 村 Tulang Bawang 区的农田典当社会制度
Pub Date : 2024-06-07 DOI: 10.25041/aelr.v5i1.3437
Raswanto Raswanto, F. Sumarja, Ati Yuniati
Agricultural land pawning, as outlined in Law No. 56/1960 on the Determination of Agricultural Land Area, is characterized as a collateral transaction where agricultural land is mortgaged or pledged. Social institutions can play a key role in this process, acting as facilitators for loan provisions against land collateral and helping to evaluate and understand the motivations behind agricultural land pawning. This research adopts an empirical normative approach to assess the practice. The findings reveal that agricultural land pawning in Wono Agung Village is conducted in two principal manners: verbally and in writing, aligning with the stipulations of Article 7 of Law Number 5 of 1960. The residents of Wono Agung Village typically engage in pawning their agricultural land for several reasons, including the need for capital, education expenses, expansion of agricultural land, general economic difficulties, and other urgent necessities. Challenges in the implementation of agricultural land pawning arise from issues involving both the pawn recipients and the landowners. Despite these obstacles, agricultural land pawning functions effectively as a social institution, offering a viable solution to the economic struggles faced by the villagers. These social institutions play a pivotal role in enhancing the welfare and economic conditions of the agricultural community in Wono Agung Village.
关于确定农业用地面积的第 56/1960 号法律规定,农业用地典当的特点是农业用地抵押或质押的担保交易。社会机构可在这一过程中发挥关键作用,充当土地抵押贷款的促进者,并帮助评估和了解农地典当背后的动机。本研究采用实证规范方法对这一做法进行评估。研究结果显示,沃诺阿贡村的农地典当主要以两种方式进行:口头和书面,符合 1960 年第 5 号法律第 7 条的规定。Wono Agung 村居民典当农田通常有几个原因,包括资金需求、教育支出、农田扩建、一般经济困难和其他迫切需要。实施农田典当的挑战来自典当对象和土地所有者双方的问题。尽管存在这些障碍,农地典当作为一种社会制度还是有效地发挥了作用,为村民面临的经济困境提供了可行的解决方案。这些社会机构在提高沃诺阿公村农业社区的福利和经济条件方面发挥了关键作用。
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引用次数: 0
Legal Certainty of the Right to Severance Pay for Workers Who Retire in Companies That Undergo Acquisitions 被收购公司退休员工获得遣散费权利的法律确定性
Pub Date : 2023-10-23 DOI: 10.25041/aelr.v4i2.3134
Fajar Ramadhan, Agus Mulya Karsona, Holyness N Singadimeja
The ease of transactions in the digital era has resulted in increased competitiveness between companies in the trade sector. To maintain the existence of the company, it is not uncommon for companies to restructure through the acquisition process. However, the acquisition process has an impact on the existence of workers in the previous company, especially on workers entering retirement age. Law Number 6 of 2023 on Job Creation Article 61 paragraph (3) regulates the transfer of responsibility for workers' rights which illustrates that the new employer is responsible for fulfilling workers' rights, but the transfer agreement allowed by this law does not guarantee the fulfillment of workers' rights as a whole. Therefore, it is necessary to know the legal certainty of workers entering retirement age in companies that experience acquisitions and the implementation of severance pay rights for workers entering retirement age in companies that experience acquisitions. The legal approach involves looking at secondary data or library resources. The results showed that Law Number 6 of 2023 on Job Creation concerning Interim Replacement (PHK), employees who have been laid off eligible for severance money, long service pay, and compensatory pay. The rights of workers affected by termination of employment on the grounds of entering retirement age in companies experiencing takeover are calculated based on the length of service of workers in a company, as well as the rights that have not been obtained by workers during their work which can be used as nominal money.
数字时代交易的便利性提高了贸易领域企业之间的竞争力。为了维持公司的存在,公司通过收购过程进行重组并不罕见。然而,收购过程对原公司工人的存在产生了影响,特别是对进入退休年龄的工人。关于创造就业的2023年第6号法第61条第(3)款规定了工人权利责任的转移,说明新雇主有责任实现工人的权利,但该法允许的转移协议并不保证整个工人权利的实现。因此,有必要了解经历收购的公司员工进入退休年龄的法律确定性,以及经历收购的公司员工进入退休年龄的遣散费权利的实施情况。合法的方法包括查看二手数据或图书馆资源。结果显示,根据《2023年第6号创造工作岗位法》中有关临时替代(PHK)的规定,被解雇的员工可以获得遣散费、长期服务金、补偿金。在被收购的公司中,因进入退休年龄而被终止雇佣的工人的权利是根据工人在公司的服务年限以及工人在工作期间未获得的可作为名义货币使用的权利来计算的。
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引用次数: 0
The Authority of Lampung Provincial Government in Managing Fisheries Resources in Era of Regional Autonomy 区域自治时代南榜省政府在渔业资源管理中的权威
Pub Date : 2023-09-21 DOI: 10.25041/aelr.v4i2.2977
Dheni Irawan
The global COVID-19 outbreak has had a major impact on the marine and fisheries industry in Indonesia. This is also felt by fishermen in Lampung Province with the decline in demand for fishery products in the domestic and international markets in Lampung Province. The overall decline in the fisheries production cycle is influenced by the decline in demand from consumers. The local government has an important role to help restore the condition. The problem in this research is how the authority of the local government of Lampung Province in the management of fisheries resources in the era of regional autonomy and how the efforts of the marine and fisheries office of Lampung Province in an effort to achieve fisheries production in the era of regional autonomy. The research method used is normative research with statute approach. The results of this study are in accordance with the Governor's Regulation on the determination of the main tasks and functions of the Lampung Province Maritime and Fisheries Service as an implementing element of local government in the field of marine and fisheries led by a Head of Service who is responsible to the Governor. he goal is to implement the commitment of the Governor and Deputy Governor elected in 2019-2024 on marine and the Berjaya Fishermen Program to prioritize the welfare of the fishing industry, especially fishermen and their families. The Lampung Provincial Maritime and Fisheries Service provides solutions in the form of feed assistance in collaboration with Lampung University, fish nurseries and distribution in four districts and cities as well as Mobilizing registration and licensing to increase the capacity of fishermen and facilitate licensing and shipping documentation.
全球COVID-19疫情对印度尼西亚的海洋和渔业产生了重大影响。由于楠榜省国内和国际市场对渔业产品的需求下降,楠榜省的渔民也感受到了这一点。渔业生产周期的总体下降受到消费者需求下降的影响。当地政府在帮助恢复条件方面发挥着重要作用。本研究的问题是,在区域自治时代,楠榜省地方政府的权威如何管理渔业资源,以及楠榜省海洋渔业办公室如何努力实现区域自治时代的渔业生产。本文采用的研究方法是规范研究与法规研究相结合。这项研究的结果符合关于确定楠榜省海事和渔业局的主要任务和职能的省长条例,该条例作为海洋和渔业领域地方政府的一个执行单位,由一名向省长负责的事务处处长领导。目标是落实2019-2024年当选的州长和副州长关于海洋和Berjaya渔民计划的承诺,优先考虑渔业,特别是渔民及其家属的福利。楠榜省海事和渔业局与楠榜大学合作,以饲料援助的形式提供解决方案,在四个区和城市提供养鱼场和分销,以及动员登记和发放许可证,以提高渔民的能力,并便利发放许可证和航运文件。
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引用次数: 0
The Role of Environmental Legal Instruments and Government Policies in Realizing Sustainable Development in Indonesia 环境法律文书和政府政策在印度尼西亚实现可持续发展中的作用
Pub Date : 2023-09-01 DOI: 10.25041/aelr.v4i2.2971
Muhammad Rahjay Pelengkahu, Najib Satria
The increasing human needs have encouraged massive development in various countries, both developing and developed countries. in its progress, a development that is often carried out intersects with the environment. Also, various cases of pollution and environmental destruction due to development have been rampant. Therefore, a new paradigm in development is needed, which is contained in the concept of sustainable development. However, this requires the role of environmental law and government policies so that the goals of sustainable development can be realized. Sustainable development has the aim of balancing economic interests and environmental conservation so that the current development does not have a negative impact on future generations of humans. In general, the government has three types of policies in the environmental sector, namely, policies that are preemptive, preventive, and proactive. The writing of this law refers to a qualitative approach with a qualitative descriptive type of research. Through this research method, it is hoped that this legal writing will explain the role of law and government policy in realizing sustainable development in Indonesia. research results show The goal of sustainable development is to realize the development and utilization of natural resources to improve the quality of human life, without compromising the welfare of future human generations.
日益增长的人类需求鼓励了发展中国家和发达国家的大规模发展。在其发展过程中,经常进行的开发与环境相交。此外,由于发展造成的各种污染和环境破坏的情况也十分猖獗。因此,需要一种新的发展模式,这种模式包含在可持续发展的概念中。然而,这需要环境法和政府政策的作用,以便实现可持续发展的目标。可持续发展的目的是平衡经济利益和环境保护,使当前的发展不会对子孙后代产生负面影响。一般来说,政府在环境部门有三种类型的政策,即先发制人、预防性和积极主动的政策。这部法律的写作是指一种定性的方法和定性的描述性研究。通过这种研究方法,希望这篇法律著作能够解释法律和政府政策在印尼实现可持续发展中的作用。研究结果表明,可持续发展的目标是在不损害人类后代福祉的前提下,实现对自然资源的开发利用,提高人类生活质量。
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引用次数: 0
What are the Forms and Obstacles of Community Participation in Environmental Damage Prevention? 社区参与环境损害预防的形式和障碍是什么?
Pub Date : 2023-07-31 DOI: 10.25041/aelr.v4i2.2992
Siti Mariyam, Adhi Putra Satria, M. Samsudin
This research examines the national and international legal frameworks governing community involvement in environmental damage prevention and the challenges and various forms of community participation in environmental damage prevention efforts globally. This study uses a qualitative method to conduct normative legal research, which involves a literature review of various international legal instruments and field cases related to community participation in the prevention of environmental damage and uses Seherly Arnenstein's theory of community participation to examine community participation in environmental conservation. The results show that community participation in preventing environmental damage has a legal position at the national and international levels. At the international level, several agreements, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD), and the Basel Convention, have established a legal framework for preventing environmental damage, including community participation. Meanwhile, at the national level, Law No. 32/2009 on Environmental Protection and Management (UU PPLH) has regulated the rights and obligations of the community in protecting the environment. Furthermore, this study found that community participation in preventing environmental damage can be done through various means, such as decision-making processes, access to environmental information, and participation in implementing environmental policies. However, there are still challenges and obstacles in its implementation, such as limited access to information, lack of public awareness, and lack of government and private sector support. Based on this, more significant efforts are needed to strengthen community participation in preventing environmental damage, including increasing access to environmental education and information and establishing more active and effective forums for community participation. The active involvement of the government, civil society organizations, and private institutions is needed to ensure that community participation in preventing environmental damage can be achieved.
这项研究考察了管理社区参与环境损害预防的国家和国际法律框架,以及社区参与全球环境损害预防工作的挑战和各种形式。本研究采用定性方法进行规范性法律研究,包括对与社区参与预防环境破坏有关的各种国际法律文书和实地案例的文献综述,并使用Seherly Arnenstein的社区参与理论来考察社区参与环境保护。结果表明,社区参与预防环境破坏在国家和国际层面具有法律地位。在国际一级,《联合国气候变化框架公约》(UNFCCC)、《生物多样性公约》(CBD)和《巴塞尔公约》等一些协议为防止环境破坏,包括社区参与,建立了法律框架。与此同时,在国家一级,关于环境保护和管理的第32/2009号法律规定了社区在保护环境方面的权利和义务。此外,这项研究发现,社区可以通过各种方式参与预防环境破坏,如决策过程、获取环境信息和参与执行环境政策。然而,在执行过程中仍然存在挑战和障碍,例如获取信息的机会有限、公众认识不足以及政府和私营部门缺乏支持。在此基础上,需要作出更重大的努力,加强社区对防止环境破坏的参与,包括增加获得环境教育和信息的机会,以及建立更积极有效的社区参与论坛。需要政府、民间社会组织和私人机构的积极参与,以确保社区能够参与防止环境破坏。
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引用次数: 0
Are The Laws for Us or Against Us? Reinventing Environmental Sanitation Laws in Nigeria 法律是支持我们还是反对我们?尼日利亚环境卫生法的再创新
Pub Date : 2023-07-03 DOI: 10.25041/aelr.v4i2.2972
F. Ajagunna, O. Gbadegesin
Environmental sanitation has been defined as managing any aspects of a man's physical environment that might harm his physical, cognitive, or social health. Indoctrinating good environmental sanitation practices into its citizenry has been and remains a foremost concern for the Nigerian government, with several laws enacted at levels of government to achieve this target. Although there are many of these laws, compliance with environmental sanitation laws remains at its lowest ebb in Nigeria. Nigeria's current environmental sanitation situation reflects that these laws are obeyed more in abeyance, with many viewing compliances as a fool's errand rather than a necessary evil. The method used in this research is descriptive and doctrinal. This paper discusses the issue of environmental sanitation in Nigeria and examines the existing legal system for achieving a cleaner Nigeria. This paper posits that having a clean Nigeria is achievable and asserts that a bottom-up approach to environmental sanitation lawmaking in Nigeria is needed to achieve this goal. A participatory community module for sanitation lawmaking is recommended to ensure that the people understand the importance of these laws by taking ownership of the process rather than depending on the government for its actualization.
环境卫生被定义为管理男性身体环境中可能损害其身体、认知或社会健康的任何方面。将良好的环境卫生做法灌输给公民一直是尼日利亚政府最关心的问题,现在仍然是,为了实现这一目标,尼日利亚各级政府颁布了几项法律。尽管有许多这样的法律,但尼日利亚遵守环境卫生法的情况仍处于最低点。尼日利亚目前的环境卫生状况反映出,这些法律在被搁置的情况下得到了更多的遵守,许多人认为遵守是愚蠢的行为,而不是必要的邪恶。本研究所使用的方法是描述性的和教条主义的。本文讨论了尼日利亚的环境卫生问题,并审查了实现尼日利亚清洁的现有法律制度。本文认为,拥有一个清洁的尼日利亚是可以实现的,并断言尼日利亚需要自下而上的环境卫生立法方法来实现这一目标。建议建立一个参与式的社区卫生立法模块,以确保人们了解这些法律的重要性,因为他们掌握了这一过程的所有权,而不是依赖政府来实施。
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引用次数: 0
Criminal Sanctions for Unauthorized Transportation of Protected Animals: Perspective of the Purpose of Punishment 非法运输保护动物的刑事处罚:处罚目的的视角
Pub Date : 2023-07-03 DOI: 10.25041/aelr.v4i2.2980
Achmad Nazir Thaharah
The trade of protected wildlife has a detrimental impact on the sustainability of endangered wildlife populations in Indonesia. Criminal punishment against the perpetrators of the crime of transportation of animals for the purpose of trade must be able to provide a deterrent effect and benefits for the protection of animals. The imposition of punishment in the criminal act of transportation of protected wildlife needs to be examined further from the aspect of the purpose of punishment, which is to prevent criminal acts by enforcing legal norms for the protection of society. This article will discuss the basic considerations of judges in punishing perpetrators of criminal acts without the right to transport protected animals alive. And the imposition of punishment by the judge against the perpetrator of the crime is in accordance with the purpose of punishment or not. The research method uses normative research methods, with literature studies in the form of laws and regulations related to the issues discussed. Based on the results of the research, as in Decision Number: 77/Pid.B/LH/2020/PN.Tjk, the punishment of the perpetrators of the criminal act of transporting protected wildlife in a live state is based on juridical, sociological, and philosophical considerations. The author recommends that perpetrators of protected wildlife trade be sentenced to heavy fines because their actions are economically motivated. In addition, it is necessary to regulate social work sanctions for convicted poachers and protected wildlife traffickers to restore the consequences of the criminal acts that have been committed.
受保护野生动物的贸易对印度尼西亚濒危野生动物种群的可持续性产生了不利影响。对以贸易为目的运输动物犯罪行为人的刑事处罚,必须能够起到威慑作用,有利于保护动物。运输保护野生动物犯罪行为的刑罚实施需要从刑罚的目的来进一步考察,刑罚的目的是通过执行法律规范来防止犯罪行为,保护社会。本文将探讨法官在惩罚无保护动物活运权犯罪行为人时的基本考虑。法官对行为人的刑罚是否符合刑罚的目的。研究方法采用规范性研究方法,以文献研究的形式对相关法律法规问题进行探讨。根据研究结果,如第77/Pid.B/LH/2020/PN号决议。Tjk,对在活着的状态下运输受保护野生动物的犯罪行为的肇事者的惩罚是基于法律、社会学和哲学的考虑。作者建议对保护野生动物贸易的肇事者处以高额罚款,因为他们的行为是出于经济动机。此外,有必要规范对被定罪的偷猎者和受保护野生动物贩运者的社会工作制裁,以恢复所犯犯罪行为的后果。
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引用次数: 0
Land Management Rights Before and After the Government Regulation in Lieu of Job Creation Law 以《创造就业法》代替政府管制前后的土地经营权
Pub Date : 2023-03-29 DOI: 10.25041/aelr.v4i1.2947
Penta Peturun
There are regulations regarding land management rights (HPL) in Law Number 11 of 2020 concerning Job Creation in Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. The background is the birth of the Investment policy made by President Joko Widodo's Government. HPL is regulated separately as a “right”, whereas in the Basic Regulations on Agrarian Principles (UUPA) which is the source of law, there is no mention of “rights”. Related to the authority of the State's Right to Control (HMN). The Government Regulation transfers HPL as a whole to certain parties. There should be a role for regulators and operators participating in planning, implementation and supervision. Therefore, there must be clarity on the position of the authority “controlled by the state” for HMN constitutionally against HPL in Government Regulations that refer to the constitution. In a normative legal approach, Article 33 of the 1945 Constitution mandates the state to conduct beleid, bestuursdaad, regelendaad, beheersdaad, tezichthoudensdaad. Philosophically, the government functions as a regulator and operator. As an operator, the Government carries out its duties as a coach and supervisor by directly implementing activities. This is confirmed in the Decision of the Constitutional Court of the Republic of Indonesia Number 001-21-22-PUUI 2003 on HMN. Suppose HPL in the Government Regulation is released. In that case, it is not much different from embracing the concept of nachtwachternstaat or night watchman state, not the principle of welvaarstaat which fully utilizes the control of wealth sources for the greatest prosperity of the people. As it should be, HPL in HMN can provide direction for law enforcers and stakeholders with a role and authority in the land acquisition process.
关于创造就业机会的2020年第11号法律中有关于土地管理权(HPL)的规定,而不是关于创造就业的2022年第2号法律中的政府条例。背景是佐科·维多多总统政府制定的投资政策的诞生。HPL是作为一项“权利”单独规定的,而在作为法律来源的《土地原则基本条例》中,没有提及“权利”。与国家控制权有关。《政府条例》将HPL作为一个整体转让给某些方面。监管机构和运营商应参与规划、实施和监督。因此,在提及宪法的政府条例中,必须明确HMN“由国家控制”的权力机构在宪法上反对HPL的立场。在一种规范的法律方法中,1945年宪法第33条规定国家进行beleid、bestuursdaad、regelendaad、beeersdaad、tezichthoudensdaad。从哲学上讲,政府是一个监管者和经营者。作为一个经营者,政府通过直接开展活动来履行其教练和监督员的职责。印度尼西亚共和国宪法法院2003年第001-21-22-PUUI号关于HMN的裁决确认了这一点。假设政府规例中的HPL已经发布。在这种情况下,这与接受nachtwachternstaat或守夜人国家的概念没有太大区别,而不是完全利用对财富来源的控制来实现人民最大繁荣的welvaarstaat原则。事实上,HMN的HPL可以为在土地征用过程中发挥作用和权威的执法者和利益相关者提供指导。
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引用次数: 1
Implementation of Litigation Mediation in Resolving Medical Negligence Disputes Between Patients and Health Workers 诉讼调解在解决医患过失纠纷中的应用
Pub Date : 2023-03-27 DOI: 10.25041/aelr.v4i1.2858
Daffa Ladro Kusworo, Maghfira Nur Khaliza Fauzi
Negligence in current medical disputes has not yet obtained legal settlement efforts for both parties, either between the patient, the medical staff, or the hospital. Efforts to resolve medical disputes can be done through two methods: litigation and non-litigation mediation. Determining a dispute resolution model with alternative efforts will minimize doctors' worries as well as stimulate medical personnel to improve the health system and existing errors will become an evaluation of health services later, especially also preventing doctors, patients and other parties from being confronted until a court decision actually damages a person's reputation. doctor. Apart from that, it is also an effort to relieve patient conflict, making it possible for patients undergoing treatment to receive reasonable compensation. Medical disputes should emphasize settlement through the ADR route because it not only provides benefits for both parties but also obtains legal guarantees from each party in court in Indonesia. Because when compared to dispute resolution outside the court, litigation mediation offers more integrative offers because it does not require high costs, takes a long time, and does not incline any party by upholding a win-win solution. This study uses a normative legal research method with a statutory and literature study approach and uses descriptive analysis by applying a deductive method. The results of the study show the effectiveness of the implementation of litigation mediation and penal mediation reform in the criminal law system in Indonesia.
目前医疗纠纷中的过失,无论是在患者、医务人员还是医院之间,都尚未获得双方的法律解决努力。医疗纠纷的解决可以通过诉讼调解和非诉讼调解两种方式进行。确定一种替代性努力的纠纷解决模式,可以最大限度地减少医生的担忧,也可以激励医务人员改善卫生系统,现有的错误将成为以后对卫生服务的一种评价,特别是可以防止医生、病人和其他各方在法院判决实际损害个人声誉之前发生冲突。医生。除此之外,这也是一种缓解患者矛盾的努力,使正在接受治疗的患者能够得到合理的补偿。医疗纠纷应强调通过ADR途径解决,因为这不仅对双方都有好处,而且在印尼的法庭上也能得到各方的法律保障。因为与庭外纠纷解决相比,诉讼调解费用不高,耗时不长,不偏向任何一方,坚持双赢的解决方案,更具综合性。本研究采用规范性的法律研究方法,结合法规和文献研究方法,运用演绎方法进行描述性分析。研究结果显示了印度尼西亚刑事法律制度中实施诉讼调解和刑事调解改革的有效性。
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引用次数: 0
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