scholarly journals Kekuatan Hukum MoU Dari Segi Hukum Perjanjian

2021 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Ronald Fadly Sopamena
Keyword(s):  
Research Methodology ◽  
Contract Law ◽  
Third Parties ◽  
Conceptual Approach ◽  
Bargaining Process ◽  
Research Results ◽  
Business Transaction ◽  
Business Contract ◽  
Legal Consequence

Prior to a business transaction, initial negotiations are usually carried out. Negotiation is a process of trying to reach an agreement with other parties. Negotiation is also an instrument that bridges the various interests of business actors in formulating their rights and obligations. It is in this negotiation that the bargaining process takes place. The next stage is the making of a memorandum of understanding, which in this writing is abbreviated as MoU. This study aims to examine whether the MoU can be used as a preliminary agreement as well as the legal strength of the MoU in terms of contract law. This research methodology uses normative legal tracing, primary and secondary legal materials with a statutory approach and a conceptual approach. Based on the research results, in a business contract, the negotiations carried out by the parties are outlined in the MoU as the initial agreement. If in the preliminary agreement stage there is a cancellation unilaterally, then as a legal consequence, the party making the cancellation must be responsible for the losses incurred. This form of responsibility is in the form of refunding costs incurred during negotiations and compensation for lost opportunities to enter into contracts with third parties.

scholarly journals Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak

2021 ◽  
Vol 2 (1) ◽  
pp. 93
Author(s):  
Nurainy Usman ◽  
Merry Tjoanda ◽  
Saartje Sarah Alfons
Keyword(s):  
Research Method ◽  
Civil Code ◽  
Conceptual Approach ◽  
Research Results ◽  
Unilateral Termination ◽  
The Future ◽  
Legal Consequence ◽  
The Law ◽  
Contract Termination ◽  
Legal Consequences

This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.

scholarly journals Mechanism of Business Contract Drafting in Supporting Economic Activities

2020 ◽  
Vol 4 (2) ◽  
pp. 193-204
Author(s):  
Muhammad Sood
Keyword(s):  
Design Method ◽  
Contract Design ◽  
Contract Law ◽  
Court Decisions ◽  
Economic Activities ◽  
Legal Research ◽  
Conceptual Approach ◽  
Contractual Arrangements ◽  
Business Contract ◽  
Final Manuscript

The development of business contracts in supporting economic activities, especially in the trade sector, is inseparable from developments in the field of law. Thus, economic actors should understand the contract design method. This article aims to analyze the regulations of business contracts both nationally and internationally, and analize the mechanism of business contract draftingin supporting economic activity. This article is sourced from the results of normative legal research; therefore the method of approach used is the legal approach and conceptual approach. The results of the study indicates that the legal sources which form the basis for regulating business contracts include national law as regulated in Article 1457-1540 of the Civil Code; contract documents; international agreements in the field of contract; court decisions regarding business contracts; and doctrines in the field of contract law. The business contract mechanism includes 3 stages, namely: 1) Pre contractual includes: negotiations on the delivery, delivery and payment of goods; risk of loss if there is a default and procedure for resolving contractual problems; make a Memorandum of Understanding as an initial guideline for the understanding of the parties; Feasibility study concerning the prospects of business contracts made by the parties; 2) Contractual or contractual arrangements include, writing the initial manuscript, revising the manuscript, exchanging draft contracts, revising and writing the final manuscript, and signing of the contract. 3) Contract contractual or contract completion where the parties are responsible for providing guarantees or guarantees that the agreed contract is executed and completed properly. Understanding the mechanism of contract design will facilitate business activities carried out by the parties.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

scholarly journals Pengaturan Mengenai Pendaftaran Pendirian Firma Pada Sistem Administrasi Badan Usaha

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 475
Author(s):  
I Made Hengki Permadi
Keyword(s):  
Human Rights ◽  
District Court ◽  
Commercial Law ◽  
Conceptual Approach ◽  
Government Regulations ◽  
Administration System ◽  
Military Alliance ◽  
Legal Consequence ◽  
The Military ◽  
Legal Consequences

The process or procedure for establishing a firm is regulated in Article 22 and Article 23 of the Commercial Law Code (hereinafter referred to as KUHD). In this provision, it is stipulated that the firm must be established with an authentic deed and registered with the Registrar of the District Court where the firm was established. The regulations in the KUHD are not in line with the Minister of Law and Human Rights Regulation Number 17 Year 2018 regarding the Registration of the Military Alliance, the Fima Alliance and the Civil Alliance which indicates that the registration of the firm is carried out in the Legal Entity Administration System (hereinafter referred to as SABU). it appears that there is a norm conflict between the two rules. This study aims to determine the arrangements in registering the Firm and the legal consequences of not registering the Firm in the Business Entity Administration System (SABU). This research is a normative legal research. In research using a statutory and conceptual approach. Using primary and secondary legal materials. The results showed that based on the principle of Lex Superiori derogate Legi Inferiori, based on the hierarchy of statutory regulations, the KUHD which is equivalent to the Law is stronger than the Regulation of the Minister of Law and Human Rights Number 17 of 2018 concerning Registration of Komanditer Alliance, Firm Alliance and Civil Alliance whose position is under Government Regulations and Presidential Regulations, because the Acts are higher than Government Regulations and Presidential Regulations. The legal consequence of not registering a firm with SABU is that the name of the firm can be used first by other firms so it must change the name of the firm concerned with another name because in the SABU system there is a registration of the firm's alliance name. If there is a partnership with another firm that registers the name of the firm first, then the name of the same firm cannot be registered again and the firm is deemed invalid. Proses atau tata cara pendirian firma diatur dalam Pasal 22 dan Pasal 23 Kitab Undang-Undang Hukum Dagang (yang selanjutnya disebut KUHD). Dalam ketentuan tersebuti menentukan bahwa firma harus didirikan dengan akta otentik dan didaftarkan pada Kepaniteraan Pengadilan Negeri dimana firma tersebut didirikan. Peraturan dalam KUHD tersebut tidak sejalan dengan Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 17 Tahun 2018 tentang Pendaftaran Persekutuan Komanditer, Persekutuan Fima dan Persekutuan Perdata yang mengisyaratkan bahwa pendaftaran firma dilakukan pada Sistem Administrasi Badan Hukum (yang selanjutnya disebut SABU). terlihat bahwa adanya konflik norma diantara kedua aturan itu. Penelitian ini bertujuan untuk mengetahui   pengaturan dalam pendaftaran Firma  dan akibat hukum apabila tidak mendaftarkan Firma pada Sistem Administrasi Badan Usaha (SABU). Penelitian ini merupakan penelitian hukum normatif. Dalam penelitian menggunakan pendekatan perundang-undangan dan konseptual. Menggunakan bahan hukum primer dan sekunder.   Hasil penelitian  menunjukkan  bahwa  berdasarkan asas Lex Superiori derogate Legi Inferiori maka berdasarkan hirarki peraturan perundang-undangan, KUHD yang setara dengan Undang-Undang lebih kuat dibanding Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 17 Tahun 2018 tentang Pendaftaran Persekutuan Komanditer, Persekutuan Firma dan Persekutuan Perdata yang kedudukannya dibawah Peraturan Pemerintah dan Peraturan Presiden, karena Undang-Undang kedudukannya lebih tinggi dari Peraturan Pemerintah dan Peraturan Presiden. Akibat hukum dari tidak didaftarkannya firma pada SABU, yaitu nama firma dapat dipakai terlebih dahulu oleh firma lainnya sehingga harus mengganti nama firma yang bersangkutan dengan nama yang lain karena di dalam sistem SABU terdapat pendaftaran nama persekutuan firma. Jika ada persekutuan firma lain yang mendaftarkan nama firmanya terlebih dahulu maka nama firma yang sama tidak akan bisa didaftarkan kembali dan firma tersebut dianggap tidak sah pendiriannya.

scholarly journals Tinjauan Yuridis Terhadap Pendaftaran Dan Penerbitan Sertipikat Tanah Bengkok

2021 ◽  
Vol 7 (1) ◽  
pp. 439
Author(s):  
Lailatul Jannah ◽  
Mega Tri Herawati ◽  
Istiana Rachmawati
Keyword(s):  
Asset Management ◽  
Research Approach ◽  
Conceptual Approach ◽  
Research Results ◽  
The Republic ◽  
Village Government ◽  
Definition Of ◽  
The Village

Bengkok land is village property in the form of village land. This bent land is widely known as village treasury land or village property. The definition of bent land itself is not explicitly regulated in statutory regulations. The definition of crooked land is implicitly regulated by statutory regulations. Based on the explanation of Article 72 of Law Number 6 of 2014 concerning Villages (hereinafter referred to as the Village Law), it is stated that bent land is the result of business. The provisions in Law Number 6 of 2014 concerning Villages indicate that Village Treasury Land or village assets which include bent land are certified in the name of the Village Government. In addition, the Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 1 of 2016 concerning Village Asset Management, regulates the same thing as Law Number 6 of 2014 concerning Villages. This research approach uses a statutory approach (statute approach) and a conceptual approach (conceptual approach). Based on the research results, which crooked land that is starting to lose its existence is certified in the name of the Village Government

scholarly journals URGENCY OF INSURANCE FOR CULTURAL HERITAGE BUILDING IN SURABAYA

Yuridika ◽  
2018 ◽  
Vol 33 (2) ◽  
pp. 232
Author(s):  
Hilda Yunita Sabrie
Keyword(s):  
Local Government ◽  
Cultural Heritage ◽  
Local Governments ◽  
Research Method ◽  
Local Community ◽  
Third Parties ◽  
Insurance Companies ◽  
Conceptual Approach ◽  
Heritage Buildings ◽  
Heritage Building

The cultural heritage of a region is the identity and richness of history for the region. Given the importance of the existence of cultural heritage in an area, the local government should pay special attention to the continuity of its existence. Through inventory, listing the cultural heritages, maintenance until its restoration must be done properly and continuously. This is not only the responsibility of the local government, but it is the responsibility of all parties including the local community. But in practice, local government or society are less concerned about the existence of cultural heritage in the area. This research focuses on cultural heritage buildings in Surabaya because this city is one of the cities in Indonesia which has many buildings of cultural heritage with various conditions. Local governments need to act quickly and effectively to solve the problem, so the solution can be done by including third parties such as insurance companies engaged in the insurance of losses, which can help to cover some form of damage that occurred in the building of the reserve culture in Surabaya. From the problems mentioned above, the research method used is statute approach and conceptual approach.

scholarly journals ORGANIZATION OF ADDITIONAL BIOLOGICAL EDUCATION IN SUMMER HEALTH CAMPS

2020 ◽  
Vol 53 (3) ◽  
pp. 19-26
Author(s):  
E.A. Galkina ◽  
◽  
O.B. Makarova ◽  
В.Б. Землякова ◽  
A.V. Marina ◽  
...  
Keyword(s):  
Research Methodology ◽  
Practical Skills ◽  
Biology Teachers ◽  
Research Results ◽  
Legal Documents ◽  
Individual Personality ◽  
New Knowledge ◽  
Analysis And Synthesis ◽  
Additional Education ◽  
Biological Education

Statement of the problem. The article analyzes the problem of organizing the activities of schoolchildren in the field of additional biological education. The purpose of the article is to prepare and justify the methodological features of the organization of additional biological education in summer health camps. The research methodology consists of normative legal documents in the field of additional education, analysis and synthesis of research works by Russian scientists, advanced and mass experience of biology teachers. Research results. The types and kinds of summer health camps and the duration of children’s stay in them are defined. The structure and direction of activities in the health camp are analyzed and synthesized. The specificity of the content of teachers’ work in the field of ecological and biological orientation of educational camp programs is revealed. Examples of recommended ways to organize specialized health camps of ecological and biological orientation are given. Conclusion. Health camp of ecological and biological orientation contributes to the formation of a socially significant, patriotic position of students, allows them to acquire new knowledge about plants and animals, practical skills of research and project activities, which ultimately implements their creative abilities and develops individual personality qualities.

HUBUNGAN PENGETAHUAN DAN USIA TERHADAP KEJADIAN BLIGHTED OVUM PREGNANCY DI PKU MUHAMMADIYAH GAMPING YOGYAKARTA

2021 ◽  
Vol 13 (02) ◽  
pp. 159
Author(s):  
Dechoni Rahmawati ◽  
Fatimah Dewi Anggraeni
Keyword(s):  
Pregnant Women ◽  
Error Rate ◽  
Research Methodology ◽  
Sampling Technique ◽  
Southeast Asian ◽  
P Value ◽  
Cross Sectional ◽  
Research Results ◽  
Knowledge Variable ◽  
Blighted Ovum

ABSTRAKLatar Belakang: Blighted ovum adalah suatu keadaan hasil konsepsi yang tidak mengandung janin. Diperkirakan di seluruh dunia Blighted ovum merupakan 60% dari penyebab kasus keguguran, di ASEAN (association of southeast asian nations) mencapai 51%, di Indonesia ditemukan 37% dari setiap 100 kehamilan, di Provinsi Yogyakarta mencapai 30% dari 100 kehamilan dan di Kabupaten Sleman sebanyak 43,39% (WHO, 2015). Tujuan: Mengidentifikasi faktor yang berhubungan dengan kejadian kehamilan blighted ovum. Metodologi Penelitian: Jenis penelitian ini observasional analitik dengan pendekatan cross-sectional. Waktu penelitian ini dari 27 Maret 2021-12 Agustus 2021. Lokasi penelitian di PKU Muhammadiyah Gamping dengan sampel ibu hamil di PKU Muhammadiyah Gamping sebesar 30 responden, teknik pengambilan sampel Total Sampling. Luaran Yang Ditargetkan : Luaran penelitian ini jurnal nasional terakreditasi sinta 1-6. Hasil Penelitian: Faktor yang berhubungan dengan kejadian blighted ovum pregnancy yaitu faktor usia yang ditunjukkan dengan nilai p-value 0,04 dimana nilai p-value lebih kecil dibandingkan nilai signifikansi dengan tingkat kesalahan 5 % (0.05). Hal ini menunjukkan bahwa terdapat hubungan antara variabel usia dengan kejadian blighted ovum pregnancy. Untuk variabel pengetahuan nilai p-value 0,077 dimana nilai p-value lebih besar dibandingkan nilai signifikansi dengan tingkat kesalahan 5 % (0.05). Hal ini menunjukan bahwa tidak terdapat hubungan antara variabel pengetahuan dengan kejadian blighted ovum pregnancy.Kata Kunci: Hamil, Blighted OvumTHE RELATIONSHIP BETWEEN KNOWLEDGE AND AGE ON THE INCIDENCE OF BLIGHTED OVUM PREGNANCY AT PKU MUHAMMADIYAH GAMPING YOGYAKARTAABSTRACTBackground: Blighted ovum is a state of product of conception that does not contain a fetus. It is estimated that worldwide Blighted ovum is 60% of the causes of miscarriage cases, in ASEAN (association of Southeast Asian Nations) it reaches 51%, in Indonesia it is found 37% of every 100 pregnancies, in Yogyakarta Province it reaches 30% of 100 pregnancies and in Sleman Regency. as much as 43.39% (WHO, 2015). Objective: To identify factors related to the incidence of blighted ovum pregnancy. Research Methodology: This type of research is analytic observational with a cross-sectional approach. The time of this research is from 27 March 2021-12 August 2021. The research location is at PKU Muhammadiyah Gamping with a sample of pregnant women at PKU Muhammadiyah Gamping with 30 respondents, the sampling technique is Total Sampling. Targeted Outcomes: The outputs of this research are national journals accredited by sinta 1-6. Research Results: Factors related to the incidence of blighted ovum pregnancy are age, which is indicated by a p-value of 0.04 where the p-value is smaller than the significance value with an error rate of 5% (0.05). This shows that there is a relationship between the age variable and the incidence of blighted ovum pregnancy. For the knowledge variable, the p-value is 0.077 where the p-value is greater than the significance value with an error rate of 5% (0.05). This shows that there is no relationship between the knowledge variable and the incidence of blighted ovum pregnancy.Keywords: Pregnant, Blighted Ovum

7. Privity of contract and third party rights

2021 ◽  
pp. 307-358
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Common Law ◽  
Case Law ◽  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Subject ◽  
The Common ◽  
Contractual Obligations ◽  
Privity Of Contract

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines privity of contract, its relationship with consideration, and the ability of third parties to enforce contractual provisions for their benefit. The doctrine of privity of contract provides that the benefits of a contract can be enjoyed only by the parties to that contract and only parties can suffer the burdens of the contract. At common law, third party beneficiaries could not enforce a contractual provision in their favour so various devices were employed seeking to avoid privity. Statute now allows for direct third party enforcement but in limited circumstances. This chapter examines the background to privity and the attempted statutory reform in the Contracts (Rights of Third Parties) Act 1999 as it has been interpreted in the case law. The chapter also discusses the common law means of avoiding privity as illustrated by the case law, e.g. agency, collateral contracts, and trusts of contractual obligations. Finally, it assesses the remedies available to the contracting party to recover on behalf of the third party beneficiary of the promise, including the narrow and broad grounds in Linden Gardens Trust. It concludes by briefly considering privity and burdens—and the exceptional situations where a burden can be imposed on a person who is not a party to the contract.

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