{"title":"Sistem \"full pre trial disclosure\" dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan","authors":"Wika Yudha Shanty","doi":"10.26905/IDJCH.V11I3.5473","DOIUrl":null,"url":null,"abstract":"Legal principles as basic norms are described as the basis / general guidelines forpositive law / applicable law. One of the legal principle problems that will be discussedby researchers in this research is about the application of principles that arenot in accordance with the reality that occurs in court. There are too many formalitiesthat are difficult to understand, and the rules are not clear, which allows for multiple interpretations and results in fear of proceeding in court. Too many formalitiesare an obstacle to the running of the courts. In this case the problem is notonly in the examination at trial, but also in the settlement of the examination reportat the trial until the signing of the decision by the judge and its implementation. Itoften happens that a case is delayed for years because the witnesses do not come, orthe parties in turn do not come or decide to withdraw from the case. In fact, there areseveral cases that were continued by their heirs. Meanwhile, in terms of costs incourt, the high court costs will cause interested parties to think again and againabout filing a claim to court. Based on this, it can be concluded that the speed withwhich the trial runs will increase the court’s authority and increase public confidencein the court. DOI: https://doi.org/10.26905/idjch.v11i3.5473. How to cite item: Shanty, W. Y. (2020). Sistem“full pre trial disclosure” dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan. Jurnal Cakrawala Hukum , 11(3). 271-281. doi:10.26905/idjch.v11i3.5473.","PeriodicalId":207438,"journal":{"name":"Jurnal Cakrawala Hukum","volume":"923 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jurnal Cakrawala Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.26905/IDJCH.V11I3.5473","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
作为基本规范的法律原则被描述为成文法/适用法律的基础/一般准则。在本研究中,研究者将讨论的法理问题之一是不符合法庭实际情况的原则的适用问题。有太多难以理解的手续,规则也不明确,这就导致了多种解释,并导致了对法庭诉讼的恐惧。太多的手续是法院运作的障碍。本案的问题不仅在于审判时的审查,还在于审判时审查报告的处理,直至法官判决书的签署及其执行。经常发生的情况是,一个案件被拖延了好几年,因为证人不来,或者当事人不来,或者决定退出案件。事实上,有几个案例是由他们的继承人继承的。同时,在诉讼费方面,高昂的诉讼费会使当事人再三考虑是否要向法院提起诉讼。基于此,可以得出结论,试运行的速度将增加法院的权威,增加公众对法院的信心。DOI: https://doi.org/10.26905/idjch.v11i3.5473。引用条目:Shanty, W. Y.(2020)。“全面审前披露”制度dalam penegakan, peradilan sederhana, cepat, dan biaya ringan。中华医学杂志,11(3)。271 - 281。doi: 10.26905 / idjch.v11i3.5473。
Sistem "full pre trial disclosure" dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan
Legal principles as basic norms are described as the basis / general guidelines forpositive law / applicable law. One of the legal principle problems that will be discussedby researchers in this research is about the application of principles that arenot in accordance with the reality that occurs in court. There are too many formalitiesthat are difficult to understand, and the rules are not clear, which allows for multiple interpretations and results in fear of proceeding in court. Too many formalitiesare an obstacle to the running of the courts. In this case the problem is notonly in the examination at trial, but also in the settlement of the examination reportat the trial until the signing of the decision by the judge and its implementation. Itoften happens that a case is delayed for years because the witnesses do not come, orthe parties in turn do not come or decide to withdraw from the case. In fact, there areseveral cases that were continued by their heirs. Meanwhile, in terms of costs incourt, the high court costs will cause interested parties to think again and againabout filing a claim to court. Based on this, it can be concluded that the speed withwhich the trial runs will increase the court’s authority and increase public confidencein the court. DOI: https://doi.org/10.26905/idjch.v11i3.5473. How to cite item: Shanty, W. Y. (2020). Sistem“full pre trial disclosure” dalam penegakan asas peradilan sederhana, cepat, dan biaya ringan. Jurnal Cakrawala Hukum , 11(3). 271-281. doi:10.26905/idjch.v11i3.5473.