{"title":"PENYELESAIAN SENGKETA TAHAPAN PEMILIHAN UMUM KEPALA DAERAH DAN WAKIL KEPALA DAERAH MELALUI PENGADILAN TATA USAHA NEGARA","authors":"Jabaruddin Jabaruddin","doi":"10.47353/delarev.v1i1.2","DOIUrl":"https://doi.org/10.47353/delarev.v1i1.2","url":null,"abstract":"Settlement of disputes in regional head elections through the Lawsuit of the State Administrative Court is an appropriate legal action because the State administrative court has the authority to decide and adjudicate on stage disputes as regulated in the Supreme Court Circular Letter (SEMA) Number 07 of 2010 and legal consequences The decision of the Administrative Court in a dispute at the stage of the regional head and deputy regional head election to the election stages that have been carried out cannot be carried out by the KPU because the election has been completed on November 4, 2010. In addition, the State administrative decision does not have executive power because The only one authorized to participate in the plaintiff's election is the KPU, especially in the decision of the panel of judges at the Kendari State Administrative Court not to order the Southeast Sulawesi Provincial KPU to stop or cancel the ongoing stages and this is in line with the M's decision. the Constitutional Court which won the defendant in this case the Provincial KPU as the executor in this case the Central KPU commissioner. ","PeriodicalId":135172,"journal":{"name":"Lakidende Law Review","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127220924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PERLINDUNGAN HUKUM BAGI PEMEGANG HAK GADAI BERDASARKAN HUKUM ADAT TOLAKI DI KECAMATAN WAWOTOBI KABUPATEN KONAWE","authors":"Ni Nyoman Triana Suskendariani, Karmila Karmila","doi":"10.47353/delarev.v1i1.4","DOIUrl":"https://doi.org/10.47353/delarev.v1i1.4","url":null,"abstract":"Legal certainty of a land pawn agreement carried out using customary law in the Tolaki community is guaranteed by the customary law concerned because the dispute resolution that occurs is also resolved through a customary court, and the existence of the decision of the customary court that binds the disputing parties in addition to the application of strict sanctions in dispute resolution. In addition, the existence and existence of customary law is also supported by the provisions of the applicable legislation, which can be seen in Law Number 4 of 2004 concerning The provisions of the Basic Provisions of Judicial Power, in Article 28 paragraph (1) which states \"Judges are obliged to explore, follow, and understand legal values and a sense of justice that live in society\". The decision issued by the court in case Number: 13/Pdt.G/2013/PN.Unh did not take into account the decision of the customary court on the grounds that the case would be processed in accordance with the applicable positive law and no attempt was made by the plaintiff to withdraw his lawsuit even though a customary trial has been carried out and the customary court has issued its decision.","PeriodicalId":135172,"journal":{"name":"Lakidende Law Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131268926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}