RESULT AND DISCUSSION Clause Examples

RESULT AND DISCUSSION. ASEAN-China Free Trade Agreement as a Regional International Trade Agreement and the Rules Upon

RESULT AND DISCUSSION. Prosecutor's Authority and Deferred Prosecution Agreement in Indonesia

RESULT AND DISCUSSION. Implementation of Muḍārabat Financing Agreement The muḍārabat agreement model for the SMEs financing schemes that was performed by Bank Sumut Syariah (BSS) apparently did not entirely refer to the fundamental principles of shariāh law. It is supposedly no obligation imposed to the muḍārib (debtor) to provide loan collateral. In fact, Clause 10 in the financing agreement contract clearly stated a few of the muḍārib’s obligations toward the ṣahibul such as the obligation to provide a loan collateral in the form of a land certificate. This kind of policy implementation is definitely contrary to the shariāh principles, due to its ambiguities agreement and high potential of ribā (usury). However, the bank is actually permissible to ask for a loan guarantee from the muḍārib as is regulated in the MUI’s fatwa (National Shariāh Council). Kanun: Jurnal Ilmu Hukum. Fakultas Hukum Universitas Syiah Kuala, Banda Aceh. 23111. ISSN: 0854-5499 │e-ISSN: 2527-8482. Open access: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇.▇▇/kanun Nonetheless, the loan collateral in the form of a land certificate is indeed an inappropriate obligation by referring to shariāh principles (Saeed, 1999). Observably, the shariāh banking system of BSS intended to implement a non- shariāh financing model. A loan guarantee might be reasonably needed to ensure the muḍārib’s performance improvement as initially agreed by both parties in the contract of agreement. This is in line according to ▇▇▇▇▇▇’▇ suggestion regarding the potential high risk of financing schemes without loan collaterals imposed whenever the muḍārib failed to return the borrowed funds (▇▇▇▇▇▇, 2003). He asserted the important role of loan collaterals in the muḍārabat agreement practice that would play as a preventive way to any potential high risk due to moral damage of the muḍārib and a failure in returning the borrowed funds. The loan collaterals would be returned to the muḍārib whenever no violation acts against the agreement during the period of contract implementation. This is a consequence that is usually agreed upon by both parties (El-Hawary et al., 2004). Ideally, the muḍārabat financing system is supposedly constructed as a model scheme of agreement contract according to al-hurriyāt to accommodate both creditor (banks) and debtor (SMEs) proportionally. Profit sharing system from business or economic activities is carried out according to an agreed contract. On one side, profit losses due to global economic recession and collapse would fu...

RESULT AND DISCUSSION. If we observe in our country, the term commonly used is "land reform." Literally, the word "landreform" comes from the English language, with "land" meaning land and "reform" meaning change or overhaul. Land reform refers to an overhaul of the land ownership structure; however, what is actually meant is not just the restructuring of land control, but also the transformation of human relationships concerning land in order to increase the income of farmers.2 Agrarian reform, particularly the restructuring of land control, has been recognized since ancient Roman times, although its form and nature have varied throughout history, depending on the demands of the era and the goals of the ruling elites. Briefly, the historical background of the idea of land reform dates back to the 6th century BCE, as mentioned by ▇▇▇▇ ▇. ▇▇▇▇ in her book "The Twenty-Sixth Century of an Agrarian Reconstruction." A more specific starting point for land reform is around 133 BCE, when two Roman brothers, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, proposed to the Roman Senate the creation of a law to limit the ownership of agricultural land. Although they were eventually killed by the landowners (their opponents), this significant moment became a pivotal event in history, eventually bringing justice, prosperity to the common people, and elevating human dignity.3 This idea was later referred to by ▇▇▇▇▇ as land reform, a concept now widely used by countries across the world for political, social, 3 Sri Sudaryatmi, Penentuan ▇▇▇ ▇▇▇ Pemanfaatan Tanah Timbul dalam Kaitannya dengan Pengembangan Ekonomi Wilayah Pantai (Studi Kasus di Desa Bulumanis Kidul, Kecamatan Margoyoso, Kabupaten Pati). Tesis Magister Ilmu Hukum, Program Sarjana, Hal. 42. economic, and even defense and security purposes.4 Literally, the term "land reform" comes from the English language, with "land" meaning land and "reform" meaning change or overhaul. Therefore, the meaning of land reform is an overhaul of the land structure. However, this does not only refer to changes in the structure of land control, but also to the transformation of the relationship between humans and land in order to increase the income of farmers. This transformation is fundamental in nature, not just a patchwork solution.5 As previously explained, the land reform program includes both land reform in a broad sense and in a narrow sense. In this regard, ▇▇▇▇▇ ▇▇▇▇▇ states that: "Land reform in a narrow sense refers to actions aimed at redistributin...

RESULT AND DISCUSSION. The presence of standard clause in banking agreement if related with Article 18 of

RESULT AND DISCUSSION. Collective Labor Agreement as the basis for the rules of labor law that apply at the company work unit level., which is known in English as the Collective Labor Agreement (CLA), or in Dutch as the Collective Arbeids Overenkomst (CAO), has been recognized in Indonesian legal literature based on the provisions of the Civil Code (KUHPerdata). .[2] In Article 1601n of the Civil Code it is stated that, "Labor agreements are regulations made by one or several employers' associations that are legal entities, and or several labor unions with legal entities, regarding work conditions that must be heeded when making work agreements.[3] Law Number 13 of 2003 concerning Manpower Article 1 number 16 states that industrial relations are a system of relations formed between actors in the process of producing goods and/or services consisting of elements of entrepreneurs, workers/laborers, and the government based on the values of Pancasila and the 1945 Constitution of the Republic of Indonesia. This means that in industrial relations there are 3 (three) elements that have their respective functions and duties. The government's function in industrial relations has been clearly regulated in Article 102 paragraph (1) of Law Number 13 of 2003 concerning Manpower. Collective Labor Agreements in the world of Indonesian manpower have also been regulated and confirmed their position as a means to build industrial relations, as stated in Law Number 13 of 2003 concerning Manpower, Article 103 which states that industrial relations are carried out through the following means: 1. Trade unions/labor unions; 2. Employers' organizations; 3. Bipartite cooperation institutions; 4. tripartite cooperation institutions; 5. Company regulations; 6. Collective labor agreement; 7. Labor laws and regulations; and 8. Industrial relations dispute settlement agency. Based on the provisions as described above, it can be understood that industrial relations are built on the basis of a set of systematic rules governing the rights and obligations between employers and workers, where in one of the provisions in Law no. 13 of 2003 concerning Manpower Article 1 number 21 states that "A collective work agreement is an agreement that is the result of negotiations between a trade union/labor union or several trade unions/labor unions registered at the agency responsible for manpower affairs with an entrepreneur or several entrepreneurs or associations. entrepreneur which contains the working conditions, right...

RESULT AND DISCUSSION. The Position of PPPK in the Staffing System in Indonesia Based on Applicable Laws and Regulations

RESULT AND DISCUSSION. The law of engagement is regulated in Book III of the Civil Code which is broadly divided into two parts, namely first, engagements in general, both those born of agreements and those born of law and second, engagements born of certain agreements. (▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇: 2012) Covenant Law adheres to an open system, meaning that contract law provides the widest possible freedom to the public to enter into agreements containing anything, as long as it does not violate public order and decency. (Subekti: 1990) An agreement is an event where one person promises to another person or where two people promise each other to carry out something (▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇: 2012). The meaning of the sale and purchase binding agreement can be seen by separating the words from the sale and purchase binding agreement into a sale and purchase agreement and binding. The understanding agreement can be seen in the previous sub-chapter, while the definition of a Sale and Purchase Binding according to ▇. ▇▇▇▇▇▇▇ in his book is an agreement between the seller and the buyer before the sale and purchase is carried out because there are elements that must be met for the sale and purchase, among others, the certificate is not yet available. because it is still in the process, and the price has not yet been paid. (▇. ▇▇▇▇▇▇▇: 1998) Meanwhile, according to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, a binding sale and purchase agreement is an assistance agreement that functions as a free preliminary agreement. (▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇: 2004) From the understanding described above, it can be concluded that the meaning of a binding sale and purchase agreement is a preliminary agreement made before the implementation of the main agreement or the main agreement. As an agreement born out of necessity and not explicitly regulated in the form of legislation, the sale and purchase binding agreement does not have a specific form. This is also the opinion of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, the sale and purchase binding agreement is an assistance agreement that functions as a free preliminary agreement. (▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇: 2004) PPJB is a form of agreement that is subject to the provisions of Law No. 1 of 2011 concerning Housing and Settlements and the Decree of the Minister of Public Housing No. 9 of 1995 concerning Guidelines for Binding Sales and Purchases as lex specialis, and if associated with the provisions Article 1320 paragraph (1) of the Civil Code (lex generalis) then PPJB fulfills the elements as an agreement, which can lead ...

RESULT AND DISCUSSION. The existence of honorary staff in government agencies is recognized as quite helpful in resolving workloads so that the provision of public services is more effective (compared to if without honorary employees), but also raises its own problems in personnel management in Indonesia. The recruitment of honorary staff does not go through a strict selection so that the honorary staff who are accepted are often not in accordance with their competence with the tasks they are doing and their performance is not as expected. Then there were irregularities in recruitment, the number of honorary staff became uncontrollable and it was difficult to determine which honorary staff the government actually needed. Furthermore, sometimes there are abuses where the workload of honorary workers is actually higher than that of employees with the status of Civil Servants, causing a sense of injustice because it is clear that the rights received by honorary staff are no more than employees with the status of Civil Servants. In addition, the stipulation of Government Regulation Number 48 of 2005 concerning Appointment of Honorary Staff to Candidates for Civil Servants is deemed inappropriate because the appointment of honorary staff as Candidates for Civil Servants does not reflect real needs and is not in accordance with the merit system. As a result, in addition to the increasing budget for personnel expenditures, the increase in the number of employees was not followed by an increase in productivity because the competence of employees from the appointment of honorary staff tended to below. Seeing the above problems, it is necessary to review what exactly is a temporary employee, what is the reason for its existence, why the existence of temporary employees in government organizations in Indonesia which are then referred to as honorary staff can cause such complex problems, and how to do something about it. guess how to solve it? This article attempts to answer these questions by using a review of the theories regarding precarious employees, the practices carried out by organizations in other countries, and a comparison of these theories and practices with practices in government organizations in Indonesia which will be explained in the section the rest of this article. Regulation of the Minister of Research, Technology and Higher Education of the Republic of Indonesia Number 2 of 2016 concerning Amendments to the Regulation of the Minister of Research, Technology and Higher E...