scholarly journals PRINSIP HUKUM DALAM KONTRAK KERJASAMA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI

Yuridika ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 333
Author(s):  
Sang Ayu Putu Rahayu
Keyword(s):  
Oil And Gas ◽  
Contract Law ◽  
Normative Study ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Legal Principles ◽  
Optimal Outcomes ◽  
Production Sharing ◽  
And Performance ◽  
Principle Of Proportionality

The main issues elaborated in this legal research are the legal principles of tender during a pre-contractual stage and the principles of contract law on Cooperation Contract known as Production Sharing Contract (PSC) based on Laws Number 22 Of 2001 Concerning Oil and Gas. The type of this research is normative study and the approach of this research are conceptual approach, statute approach, and case approach. There are two results in this research. Firstly, in the process of tender during a pre-contractual stage of Cooperation Contract, the principles of responsive competition, transparency and the principle of accountability must be applied. The principle of responsive competition is the most important to be implemented since the tender process produces a competition to get a working area. In addition, the tender process of Cooperation Contract is also related to the principles of transparency and accountability that plays to protectthe interests ofthe state and to get a competent contractor.Secondly, in formation and performance of the Cooperation Contract, the principle of proportionality sharing should be emphasized, especially when formulating the proportion of production sharing. Cooperation Contract is also related to the principle of transparency that plays an important role on state revenues from the upstream oil and gas business activities, because a transparent process will result in optimal outcomes. Finally, in Cooperation Contract, the principles of responsive competition, transparency, accountability, and the principle of proportionality sharing should be clearly stated in the rules and legal norms.

PENGATURAN KENAIKAN PANGKAT PEGAWAI NEGERI SIPIL PENYESUAIAN IJAZAH (Sesuai Dengan Peraturan Pemerintah Nomor 12 Tahun 2002 Tentang Kenaikan Pangkat Pegawai Negeri Sipil)

2020 ◽  
Vol 17 (1) ◽  
pp. 71-86
Author(s):  
I Dewa Ketut Widana
Keyword(s):  
High School ◽  
Work Performance ◽  
Government Regulation ◽  
Higher Learning ◽  
Civil Servants ◽  
Class Iii ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Legal Principles ◽  
School Senior

Abstract The ability of the Civil Servants can be improved, one of which is through promotion according to the level of service and adjustment of the diploma obtained. In the general explanation of Government Regulation Number 12 of 2002 concerning Amendments to Government Regulation Number 99 of 2000 concerning Promotion of Civil Servants explained the promotion is an award given for the work performance and dedication of the concerned Civil Servants to the State. in addition, promotion is also intended as an encouragement to Civil Servants to further improve their work performance and service. Based on the background of the problem, the formulation of the problem in this study is as follows: how to regulate the promotion of Civil Servants based on diploma adjustments in accordance with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants and whether constraints in promotion through diploma adjustment are appropriate with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants. The type of research used in this study is normative legal research, meaning that the study in this study is based on legal philosophy, legal principles, and applicable legal norms relating to the regulation of promotion of civil servants based on diploma adjustments. This research used a statute approach, a historical approach and a conceptual approach. The conclusion of this study is the regulation of the promotion of Civil Servants based on diploma adjustments, given to Civil Servants who obtain Higher Learning Certificates / Diplomas that are higher than the diplomas used when applying to become Civil Servants. For example, candidates for Civil Servants when appointed as high school / senior high school civil servants, with rank / class II / a, after + 5 years of work obtain a S1 diploma, if adjusted for the diploma be the rank / class III / a Civil Servants. To obtain a higher rank / class of civil servants / or a level higher than the previous rank / class can be carried out if the diploma obtained is in accordance with the Job Job occupied by the civil servant, there is a formation in that place, has permission to study for those who continuing education and having fulfilled a minimum of 3 (three) years in service. Keywords: Promotion, Civil Servants and Diplomas

scholarly journals LEGAL PRINCIPLES IN FUNCTION AND PERFORMANCE OF BOT CONTRACT

Yuridika ◽  
2017 ◽  
Vol 32 (3) ◽  
pp. 521
Author(s):  
Reifon Cristabella Eventia
Keyword(s):  
Private Sector ◽  
Development Project ◽  
Regulatory Control ◽  
Infrastructure Development ◽  
Legal Norms ◽  
Legal Principle ◽  
State Governance ◽  
The Government ◽  
And Performance ◽  
Principle Of Proportionality

Build, Operate and Transfer (BOT) represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this article are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. There are two results; firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of risk management and the principle of proportionality should be clearly stated in the rules and legal norms. 

scholarly journals PERANAN PERADILAN AGAMA DALAM MELINDUNGI HAK PEREMPUAN DAN ANAK MELALUI PUTUSAN YANG MEMIHAK DAN DAPAT DILAKSANAKAN / THE ROLE OF RELIGIOUS COURT IN WOMEN AND CHILDREN RIGHTS PROTECTION THROUGH PARTIAL AND EXECUTABLE DECISION

2018 ◽  
Vol 7 (3) ◽  
pp. 353
Author(s):  
Amran Suadi
Keyword(s):  
Direct Relation ◽  
Normative Study ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Rights Protection ◽  
Women And Children ◽  
Child Allowances ◽  
Religious Courts ◽  
Children Rights

Kewenangan Peradilan Agama banyak bersentuhan langsung dengan kepentingan perempuan dan anak, terutama dalam perkara perceraian dan pengasuhan anak. Peradilan Agama berwenang mengadili sengketa di bidang hukum keluarga dan hukum ekonomi Syariah. Perkara-perkara yang termasuk dalam hukum keluarga seperti perceraian, gugatan nafkah, hak asuh anak, nafkah anak, dan perkara-perkara yang merupakan akibat perceraian, banyak bersentuhan dengan hak-hak perempuan dan anak. Dalam penegakan hukum terkait hak-hak perempuan dan anak, Mahkamah Agung telah mengesahkan Peraturan Mahkamah Agung Nomor 3 Tahun 2017 yang menekankan lembaga peradilan lebih memerhatikan aspek perlindungan hak-hak perempuan dan anak dalam memutus perkara. Penelitian ini merupakan penelitian normatif, dengan menggunakan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach).  Hasil penelitian menunjukkan bahwa Peradilan Agama, dalam hal ini telah mengambil peran dalam melindungi hak perempuan dan anak melalui beberapa regulasi dan putusan perkara. Peradilan Agama berupaya memaksimalkan pelaksanaan putusan dengan mengimplementasikan kaidah-kaidah hukum yang responsif sebagaimana dikehendaki dalam Peraturan Mahkamah Agung Nomor 3 Tahun 2017 sehingga putusan tersebut dapat dieksekusi dengan baik. Selain itu, perlu adanya sinergitas lintas instansi agar upaya melindungi hak-hak kaum perempuan dan anak dapat terwujud secara lebih signifikan.The authority of Indonesia’s Religious Court has direct relation to women and children interest, especially in divorce and childcare cases. Religious court has the authority in adjudicating cases of family law and Islamic economy law. Divorce, livelihood, child custody, child allowances, and cases related to the direct consequences of divorce have significant matter to the women and children rights. In case of enforcing law that concern to the protection of women and children rights, Indonesia Supreme Court has enacted Peraturan Mahkamah Agung Nomor 3 Tahun 2017 that insist judicial institution to emphasize the protection of those rights in adjudication processes. The Religious Courts have taken a role in protecting the rights of women and children through several regulations and case decisions. This research is a normative study, using a statute approach and a conceptual approach. The results of the study indicate that the Religious Courts has a shot to implement comprehensively legal norms in Perma Nomor 3 Tahun 2017 as of the court decision more executable. Moreover, it is an urgent demand to hold an inter-institutions cooperation to raise the effectiveness of securing women and children rights.  

Published Privacy Rights via Short Messages

2021 ◽  
Vol 3 (1) ◽  
pp. 11-19
Author(s):  
Muhammad Akbar Fhad Syahril
Keyword(s):  
Consumer Protection ◽  
Cell Phones ◽  
Short Message ◽  
Privacy Rights ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Legal Principles ◽  
The Public ◽  
Phone Number ◽  
Short Messages

Short messages in the form of advertisements are increasingly being accepted by the public through their cell phones. The public never specifically gave the phone number to the party sending the advertising message. This is considered to be even more annoying because the short message advertisement violates the principles of consumer protection. This study aims to determine and analyze the extent of privacy violations against the spread of spam information via short messages. This study uses the empirical normative method, namely research conducted with the approach of legal norms or substances, legal principles, legal postulates, and legal comparisons, using a conceptual approach. The results show that short messages in the form of offers that are not directly related to the services used by cellular subscribers must be a concern for customer convenience.

scholarly journals Privasi Yang Terpublikasi

2021 ◽  
Author(s):  
Muh. Akbar Fhad Syahril
Keyword(s):  
Consumer Protection ◽  
Cell Phones ◽  
Short Message ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Legal Principles ◽  
The Public ◽  
Phone Number ◽  
Advertising Message ◽  
Short Messages

Short messages that are advertisements are increasingly being received by the public through their cell phones. In fact, the public has never specifically given the phone number to the party sending the advertising message. This is considered to be increasingly annoying because the short message advertisements violate the principles of consumer protection. This study aims to determine and analyze the extent of privacy violations against the spread of spam information via short messages. This study uses a normative juridical method, namely research conducted with an approach to legal norms or substance, legal principles, legal postulates and legal comparisons, using a conceptual approach. The results showed that short messages in the form of offers that are not directly related to the services used by cellular subscribers should be a concern for the convenience of customers.

scholarly journals Legalitas Pernikahan Siri di Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 61-75
Author(s):  
Jacobus Anakletus Rahajaan
Keyword(s):  
Detrimental Effect ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Principles ◽  
Library Research ◽  
The People ◽  
Women And Children ◽  
Relationship Of

Abstract This study aims to analyze the legality issues of siri marriages which have become polemic in the life of the people in Indonesia and their impact on women and children according to Indonesian marriage law, which is regulated according to Law Number 1 of 1974 concerning marriage. This study uses the type or type of Normative Legal research and library research, using the statutory approach, conceptual approach, and the comparative approach. This study uses these approaches because what is examined here is the rule of law and/or legislation relating to marital marriages. The research results are then analyzed and described qualitatively. The results of this study indicate that, Law Number 1 of 1974 concerning marriages is still ambiguous, there is a norm conflict between one article and another that causes confusion and differences in perception among the community that triggers polemics. So that through the results of normative juridical studies, this research concluded that based on legal principles and legal norms in Law No. 1 of 1974 concerning marriages along with other statutory regulations, Siri marriages are marriages that are considered illegal. Thus, this legal juridical illegitimate marriage will have a very detrimental effect on the parties, especially women and children who are bound in the marital relationship of Siri. Keywords: Legality, Siri Marriage  

scholarly journals LEGAL PROTECTION FOR PARKING SERVICE USERS KAPUAS REGIONAL REGULATION NUMBER 2 OF 2010 CONCERNING RETRIBUTION OF PARKING SERVICES AT THE EDGE OF THE PUBLIC

2020 ◽  
Vol 1 (1) ◽  
pp. 108-124
Author(s):  
Raihani Raihani
Keyword(s):  
Legal Protection ◽  
Service Users ◽  
Regional Government ◽  
Conceptual Approach ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Legal Principles ◽  
Existing Problems ◽  
Positive Law ◽  
Parking Lot

The purpose of this study is to find the concept of the substance of the rules that do not harm the community from minor mistakes that are made repeatedly every day, without a good and clear solution, as well as the duties and roles of the Regional Government and related institutions in making it safe and comfortable for parking service users. in Kapuas Regency. The research carried out was normative legal research, namely research on the principles of law and the prevailing positive legal doctrine. performed analytically inductively. The process starts from premises in the form of known positive legal norms and ends with the discovery of legal principles and then doctrines. In this case, examining the legal norms in positive law using the statutory approach (Statute approach) which still needs to be rearranged, especially regarding the juridical consequences of the application of Kapuas District Regulation No. 2 of 2010 concerning Parking Service Retribution on the Side of Public Roads. In addition, this study uses a conceptual approach to examine existing problems by describing them as a comparison to the concepts contained in articles of legislation. Research Findings This is a business actor in the parking service business, both government-owned and private, who tries to shift the burden of responsibility to consumers for loss or damage to vehicles or consumer valuables in the parking lot managed by them. Of course this is contrary to Law No. 8 of 1999 concerning Consumer Protection.

scholarly journals The Foreign Direct Investment Policy Which Reflects the Proportional Protection

Yuridika ◽  
2019 ◽  
Vol 34 (2) ◽  
pp. 387
Author(s):  
Muchammad Zaidun ◽  
Yuniarti Yuniarti
Keyword(s):  
Foreign Direct Investment ◽  
International Law ◽  
Direct Investment ◽  
Contract Law ◽  
Host Countries ◽  
Conceptual Approach ◽  
Investment Activity ◽  
Customary International Law ◽  
Investment Law ◽  
Principle Of Proportionality

Investment law is an urgently required regulation to regulate an investment activity. Hence the formulation within those laws has not yet provided a balance protection for all parties; those are the home countries, host countries and investors. The investment law itself regulate by 3 different kinds of laws, that is the customary international law, national law and contract law. Regulating investment activities in host states will have to consider the customary international law, as the international framework. This law is applicable due to the different jusrisdiction involved within the business activities. Indonesia investment law regulation firstly introduced by law number 1/1967 concerning foreign direct investment. Subsequently, it was amended by law number 25/2007 concerning Investment Law. However, some research has to be carried out regarding the protection of the parties. This research analysed the principle of proportionality interest protection to provide a fair protection of parties. Eventually, the protection of the state as host country and investors as the alien in host country.This research is a normative legal research, which use statute approach, historical approach and conceptual approach to determine the principle that could be used to maximize the protection of actors within the investment activities in Indonesia.

Minerals as an object of accounting and economic security of the oil and gas company implementing the production sharing agreement

2020 ◽  
Vol 23 (11) ◽  
pp. 1291-1312
Author(s):  
N.V. Zyleva
Keyword(s):  
Oil And Gas ◽  
Economic Security ◽  
The State ◽  
Professional Judgment ◽  
Production Sharing ◽  
Security Service ◽  
Geological Information ◽  
Oil And Gas Companies ◽  
Mineral Reserves ◽  
Economic Risks

Subject. This article discusses the practice of ensuring the economic security of oil and gas companies operating under the terms of production sharing agreements, where minerals are the object of security. Objectives. The article aims to justify the need to apply professional judgment in the organization of reliable accounting of minerals, explored and extracted under the terms of the production sharing agreement implementation, to avoid various risks to the entity's economic security. Methods. For the study, I used the methods of deduction and modeling. Results. The article presents proposals to arrange accounting of intangible exploration assets (geological information on mineral reserves) and finished products (the part of the extracted minerals owned by the investor and the part owned by the State). Conclusions. As strategic minerals, oil and gas are the targets of various economic risks. Professionals familiar with the specifics of accounting operations in the implementation of the production sharing agreement should be prepared to prevent these risks. The results obtained can be used to design accounting policies and develop local regulations on the tasks and functions of the economic security service of the organization implementing the production sharing agreement.

scholarly journals Manufacturing and development of a bolted GFRP flange joint for oil and gas applications

2021 ◽  
pp. 095440542198951
Author(s):  
Muhsin Aljuboury ◽  
Md Jahir Rizvi ◽  
Stephen Grove ◽  
Richard Cullen
Keyword(s):  
Pressure Vessel ◽  
Oil And Gas ◽  
Polyester Resin ◽  
High Strength ◽  
Adhesively Bonded ◽  
Acceptable Quality ◽  
Composite Pipe ◽  
And Performance ◽  
Composite Pipes

The goal of this experimental study is to manufacture a bolted GFRP flange connection for composite pipes with high strength and performance. A mould was designed and manufactured, which ensures the quality of the composite materials and controls its surface grade. Based on the ASME Boiler and Pressure Vessel Code, Section X, this GFRP flange was fabricated using biaxial glass fibre braid and polyester resin in a vacuum infusion process. In addition, many experiments were carried out using another mould made of glass to solve process-related issues. Moreover, an investigation was conducted to compare the drilling of the GFRP flange using two types of tools; an Erbauer diamond tile drill bit and a Brad & Spur K10 drill. Six GFRP flanges were manufactured to reach the final product with acceptable quality and performance. The flange was adhesively bonded to a composite pipe after chamfering the end of the pipe. Another type of commercially-available composite flange was used to close the other end of the pipe. Finally, blind flanges were used to close both ends, making the pressure vessel that will be tested under the range of the bolt load and internal pressure.

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