Academic literature on the topic 'Mega-litigation; civil procedure; qualitative research'

Environmental dispute settlement through litigation lines is strictly regulated in Law No. 32 of 2009 on the Protection and Environmental Management. The former law pointed HIR and RBg, PERMA No. 1 2002 Event Class Action. HIR and RBg did not set a class action, strict liability, legal standing, citizen lawsuit. Rules pluralistic diffi cult as the legal basis of environmental law dispute resolution. Problematic in civil law will cause blurring of norms, conflict norms, norms vacancy, will bring the consequences of law enforcers. If the law enforcement believes the law is the law, so that the rule of law, justice, expediency, which is the purpose of the law, it is diffi cult to realize. Based on legal issues cause problems pluralistic level, the rules, while the class action always demands are not accepted on the grounds HIR, RBg not set. Based on juridical issues, sociological and philosophical issue of whether arrangements formulated civil judicial procedure in civil Environmental Law Enforcement has been inadequate. Normative legal research writing method and in qualitative analysis to obtain quality legal materials. According to Law No. 48 the Year 2009 on Judicial Power, with the principle of ius curia Novit, a judge can do rechtsvinding. The rule of law in the enforcement raises multi pluralistic interpretation.Keywords:

Relaas call is one of the most important instruments in court proceedings. Without a call, the presence of the parties in the Court has no legal basis. Relaas Summons in the Civil Procedure Code is categorized as authentic deeds. Relaas did not convey to the parties in the litigation. The Respondent did not know about the trial schedule and the claim him, which resulted in the Respondent or Defendant losing the right to answer or defend himself against the plaintiffs' demands or the applicants. This study examines the Relaas summons' effectiveness through the Kelurahan in divorce cases at the Bitung Religious Court. Through field research with a qualitative descriptive approach using data mining techniques, observation, interviews, and documentation. The results prove that the Relaas concept in Islamic Law is contained in KHI Article 131, Articles 138 s.d. Article 140. Likewise, the Relaas image in positive Law is included in the Herzien Indlandsch Reglement or abbreviated as HIR and Rechtsreglement Voor de Buitengewesten, which are Civil Procedural Laws for areas outside Java and Madura. or abbreviated as RBg. The implementation of Relaas summons through the kelurahan was not effective in four cases, namely Case Number 55 / Pdt.G / 2018 / PA Bitg, Case Number 91 / Pdt.G / 2019 / PA Bitg, Case Number 0061 / Pdt.G / 2017 / PA Bitg and Case Number 0150 / Pdt.G / 2017 / PA. However, official and proper elements have subsequently been fulfilled.

Civil court justice shares the nature of mediation as part of litigation process. However, criminal procedure code does not accommodate penal mediation by litigation and non-litigation process. Therefore, penal mediation is considered as an Alternative Dispute Resolution in criminal law. This article attempts to build conversation between jurisprudence and theology, especially speaking the nature of mediatorship of Christian teaching that could be considered as beneficial donates for future penal mediation in criminal law in Indonesia. This research is qualitative work. Literatures, articles, books and related references will receive attention. In conclusion, penal mediation applies to litigation and non-litigation tract, the state should conduct its implementation, modern law maintains its legacy, Christology serves the initiation, and penal mediation pursues restorative justice.

Abstract Background Health care incidents, such as medical errors, cause tragedies all over the world. Recent legislation in the Netherlands has established medical dispute committees to provide for an appeals procedure offering an alternative to civil litigation and to meet the needs of clients. Dispute committees incorporate a hybrid procedure where one can file a complaint and a claim for damages resulting in a verdict without going to court. The procedure is at the crossroads of complaints law and civil litigation. This study seeks to analyze to what extent patients and family members’ expectations and experiences with dispute committees match the goals of the new legislation. Methods This qualitative, retrospective research includes in-depth, semi-structured, face-to-face interviews with patients or family members who filed a complaint with a dispute committee in the Netherlands. The researchers conducted an inductive, thematic analysis of the qualitative data. Results A total of 26 interviews were held with 30 patients and family members. The results showed that participants particularly felt the need to be heard and to make a positive impact on health care. Some wished to be financially compensated, for others money was the last thing on their mind. The results demonstrated the existence of unequal power relationships between participants and both the defendant and dispute committee members. Participants reported the added value of (legal) support and expressed the need for dialogue at the hearing. Participants sometimes experienced closure after the proceedings, but often did not feel heard or felt a lack of a practical outcome and a tangible improvement. Conclusions This study shows that participants’ expectations and experiences were not always met by the current set up of the dispute committee proceedings. Participants did not feel heard, while they did value the potential for monetary compensation. In addition, some participants did not experience an empowered position but rather a feeling of a power misbalance. The feeling of a power misbalance and not being heard might be explained by existing epistemic injustice, which is a concept that should be carefully considered in processes after health care incidents.

Abstract. Advances technology and information affect the use of portrait in daily life, especially in business sector because can increase selling value. However, technology advances provide risks because easy access to online platforms can misused by others and used as personal gain. Case in use unauthorized portraits taken through blog sites and used for advertising to reap profits cause losses for portrait owners. Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta regulated the rights of the creator and procedures for using portraits which part of copyrighted works that receive legal protection. This research was conducted to find out the legal protections against the use of portrait works without permission as advertisements and how legal efforts can be made by owners of portrait works used without permission. This research uses normative juridical methods, research specifications using descriptive analytical, type of data used is secondary data, data collection techniques library research, data analysis techniques using qualitative juridical.Based on the results of this research, preventive legal protection is obtained before the occurrence of violations or prevention efforts in the form of registering objects of creation to Direktorat Jenderal Kekayaan Intelektual and applying a license. Repressive protection is carried out after violations through the Pengadilan Niaga and Arbitration and Alternative Institutions of Dispute Resolution. In addition, legal efforts can pursued by the creator are civil legal efforts by filing damages to Pengadilan Niaga and criminally by filing a complaint that settlement in litigation path can be carried out, in addition can pursued through non-litigation channels. Abstrak. Kemajuan teknologi dan informasi mempengaruhi penggunaan potret dalam kehidupan sehari-hari, terutama dalam sektor bisnis karena dapat meningkatkan nilai jual dan merupakan aspek yang penting. Namun, adanya kemajuan teknologi memberikan risiko karena akses yang mudah pada platform online dapat disalahgunakan oleh pihak lain dan digunakan sebagai keuntungan pribadi. Seperti yang terjadi dalam penggunaan potret tanpa izin yang diambil melalui situs blog dan digunakan untuk iklan untuk meraup keuntungan yang menimbulkan kerugian untuk pemilik potret. Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta telah mengatur mengenai hak pencipta dan prosedur menggunakan potret yang merupakan bagian dari karya cipta yang mendapat perlindungan hukum.Penelitian ini dilakukan untuk mengetahui perlindungan hukum terhadap penggunaan karya potret tanpa izin sebagai iklan dan bagaimana upaya hukum yang dapat dilakukan oleh pemilik karya potret yang digunakan tanpa izin. Penelitian ini menggunakan metode pendekatan yuridis normatif, dengan spesifikasi penelitian menggunakan deskriptif analitis, jenis data yang digunakan adalah data sekunder, dengan teknik pengambilan data studi kepustakaan, dan teknik analisis data menggunakan yuridis kualitatif. Berdasarkan hasil penilitian ini, diperoleh perlindungan hukum preventif yang diberikan sebelum terjadinya pelanggaran atau upaya pencegahan berupa mendaftarkan objek ciptaan ke Direktorat Jenderal Kekayaan Intelektual dan mengajukan lisensi. Perlindungan represif dilakukan setelah terjadinya pelanggaran melalui Pengadilan Niaga dan Lembaga Arbitrase dan Alternatif Penyelesaian Sengketa. Selain itu, upaya hukum yang dapat ditempuh oleh pencipta yaitu upaya hukum secara perdata dengan mengajukan tuntutan ganti rugi ke Pengadilan Niaga dan secara pidana dengan mengajukan pengaduan agar penyelesaian dijalur litigasi dapat terlaksana, selain itu dapat ditempuh melalui jalur non-litigasi.

This thesis asks how Australian judges reconcile the demands of efficiency and justice in extremely long-running, complex civil litigation – sometimes known as ‘mega-litigation’. The thesis combines doctrinal and theoretical analysis with qualitative research based on a series of interviews with judges who have presided over mega-litigation. Mega-litigation places enormous burdens on the justice system, requiring large amounts of court resources to be devoted to a small number of cases. A central theme of the thesis is the need for civil procedure to be directed to multiple aims: efficiency as well as justice, and the interests of the public as well as those of the parties to litigation. It is therefore crucial for courts, when managing mega-litigation, to seek to improve efficiency and to have regard to the interests of the public. At times, there will be tension between these objectives and the objective of doing justice between the parties to the case. This thesis examines the ways in which the challenge of reconciling justice and efficiency in civil procedure has been approached by scholars and courts. Against this background, qualitative interview data is used to examine how judges approach this challenge in mega-litigation. Ultimately, the thesis identifies three ways in which judges reconcile justice and efficiency in mega-litigation: first, by seeking innovative ways to improve efficiency without compromising justice; secondly, by taking control of the litigation from the parties and ensuring that there is a sharp focus on the real issues in dispute; and thirdly, by relying on highly informed expert intuition. All three conclusions rely heavily on the skill, personality and background of the individual judge.
Thesis (Ph.D.) -- University of Adelaide, Law School, 2015

The Brazilian Judicial Branch is known as slow and with a disparity between the filed procedures and those resolved. The so-called “verdict culture” contributes to an overload of litigation in Brazil, along with the disorganization and excessive bureaucracy. Case management acts to make the procedure more effetive, by giving more participation to the jugdes, looking for effective social pacification, also eliminating or reducing the unecessary procedures, and promoting conciliation, mediation and arbitration of conflicts. It is analysed if the procedure's length is a factor to be considered when the goal is social pacificaction through the feeling of justice other than giving up due to tiredness and hopelessness in the resolution of demands. It is identified two advantages in the slowness of the procedure to the mean-spirited: the temporally economic, once it has its solvency obligation term extended; and socially economic, once the maintenance of a lawsuit is costly to the parties, and the economically weaker party will tend not to be able to afford such costs and be pressured to give up the lawsuit. Through qualitative research of bibliographic review to legal scholars and statistical data from the Brazilian National Council of Justice, the current state of judicial slowness is analyzed and evaluated how the proposal of case management can assist in relieving the demands, implement the constitutional principle of procedural promptness and begin the transition from the "culture of the sentence" to the "culture of pacification". From this, we conclude that proactivity based on case management by the magistrate who acts directly to encourage alternative means of conflict resolution, identifying and restricting delaying attitudes by the parties and himself helps create a favorable and pedagogical environment that influences and motivates a commitment to be assumed by the parties. The proposal of case management, therefore, is to go beyond the rules, seeking to cultivate attitudes and customs that enable the opening of a new phase for Brazilian Law: the culture of pacification. Keywords: civil procedure; case management; constitutional principle of procedural promptness.