scholarly journals Problematika Kontrak Karya Dalam Hukum Perjanjian Indonesia

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Lukman Santoso ◽  
Muh Fauzi Arifin
Keyword(s):  
United States ◽  
First Generation ◽  
Central Government ◽  
The United States ◽  
Mining Activities ◽  
State Control ◽  
Exploration And Exploitation ◽  
Contract Work ◽  
The Right ◽  
Work Contract

<p>This article aims to describe the position of contract work in the legal agreements relating to mining activities in Indonesia. Based on the study of this article, formulated conclusion a few things, <em>first,</em> Indonesia is a country that has abundant natural resources, one of which in mining. In terms of exploration and exploitation of mining, Indonesia still apply cooperation with foreign parties. This provision is stipulated in the law of investment. This cooperation came to be known by the work contract. <em>Second, </em>the work contract is born started when the Indonesian government in April 1967 signed the first contract with Freeport McMoRan mining of the United States. The contract, known as first-generation contract of work. In the contract in principle the right of state control provides the authority to organize, manage and supervise the management or operation of the mine. However, it turns out in praktinya, the management of foreign and precisely controlled by the central government as powerless and not exercise its authority to the fullest.</p>

Lending to the Borrower from Hell

2017 ◽  
Author(s):  
Mauricio Drelichman ◽  
Hans-Joachim Voth
Keyword(s):  
United States ◽  
Sixteenth Century ◽  
Sovereign Debt ◽  
Risk Sharing ◽  
The United States ◽  
Philip Ii ◽  
Loan Contracts ◽  
The Right ◽  
Intelligent Model ◽  
New Evidence

Why do lenders time and again loan money to sovereign borrowers who promptly go bankrupt? When can this type of lending work? As the United States and many European nations struggle with mountains of debt, historical precedents can offer valuable insights. This book looks at one famous case—the debts and defaults of Philip II of Spain. Ruling over one of the largest and most powerful empires in history, King Philip defaulted four times. Yet he never lost access to capital markets and could borrow again within a year or two of each default. Exploring the shrewd reasoning of the lenders who continued to offer money, the book analyzes the lessons from this historical example. Using detailed new evidence collected from sixteenth-century archives, the book examines the incentives and returns of lenders. It provides powerful evidence that in the right situations, lenders not only survive despite defaults—they thrive. It also demonstrates that debt markets cope well, despite massive fluctuations in expenditure and revenue, when lending functions like insurance. The book unearths unique sixteenth-century loan contracts that offered highly effective risk sharing between the king and his lenders, with payment obligations reduced in bad times. A fascinating story of finance and empire, this book offers an intelligent model for keeping economies safe in times of sovereign debt crises and defaults.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

The Power to be Ethical: Controlling Moral Assemblages in Border Militias

2021 ◽  
pp. 089124162110218
Author(s):  
John R. Parsons
Keyword(s):  
United States ◽  
The United States ◽  
Recent Interest ◽  
Ethical Conflicts ◽  
Moral Landscape ◽  
The Government ◽  
Moral Certainty ◽  
The Right ◽  
Ethical Response

Every year, hundreds of U.S. citizens patrol the Mexican border dressed in camouflage and armed with pistols and assault rifles. Unsanctioned by the government, these militias aim to stop the movement of narcotics into the United States. Recent interest in the anthropology of ethics has focused on how individuals cultivate themselves toward a notion of the ethical. In contrast, within the militias, ethical self-cultivation was absent. I argue the volunteers derived the power to be ethical from the control of the dominant moral assemblage and the construction of an immoral “Other” which provided them the power to define a moral landscape that limited the potential for ethical conflicts. In the article, I discuss two instances Border Watch and its volunteers dismissed disruptions to their moral certainty and confirmed to themselves that their actions were not only the “right” thing to do, but the only ethical response available.

Researching American Muslims: A Case Study of Surveillance and Racialized State Control

2021 ◽  
pp. 1-16
Author(s):  
Hajer Al-Faham
Keyword(s):  
United States ◽  
Science Research ◽  
The United States ◽  
State Control ◽  
Limited Data ◽  
American Muslims ◽  
State Repression ◽  
Second Stage ◽  
Selection Of

How does surveillance shape political science research in the United States? In comparative and international politics, there is a rich literature concerning the conduct of research amid conditions of conflict and state repression. As this literature locates “the field” in distant contexts “over there,” the United States continues to be saturated with various forms of state control. What this portends for American politics research has thus far been examined by a limited selection of scholars. Expanding on their insights, I situate “the field” in the United States and examine surveillance of American Muslims, an understudied case of racialized state control. Drawing on qualitative data from a case study of sixty-nine interviews with Arab and Black American Muslims, I argue that surveillance operated as a two-stage political mechanism that mapped onto research methodologically and substantively. In the first stage, surveillance reconfigured the researcher-researchee dynamic, hindered recruitment and access, and limited data-collection. In the second stage, surveillance colored the self-perceptions, political attitudes, and civic engagement of respondents, thereby indicating a political socialization unfolding among Muslims. The implications of this study suggest that researchers can mitigate against some, but not all, of the challenges presented by surveillance and concomitant forms of state control.

The Three Rs in Research and Education: A Long Road Ahead in the United States

1996 ◽  
Vol 24 (2) ◽  
pp. 151-158 ◽  
Author(s):  
F. Barbara Orlans
Keyword(s):  
United States ◽  
Animal Experiments ◽  
The United States ◽  
Education Student ◽  
Funding Sources ◽  
Research And Education ◽  
The Right ◽  
Student Projects ◽  
Institutional Oversight ◽  
The Three Rs

Attitudes toward the Three Rs concept of refinement, reduction and replacement in the United States in research and education are widely divergent. Positive responses have come from several sources, notably from four centres established to disseminate information about alternatives. Funding sources to support work in the Three Rs have proliferated. The activities of institutional oversight committees have resulted in the nationwide implementation of important refinements. In the field of education, student projects involving pain or death for sentient animals have declined, and the right of students to object to participation in animal experiments on ethical grounds has been widely established. However, there is still a long way to go. Resistance to alternatives is deep-seated within several of the scientific disciplines most closely associated with animal research. The response of the National Institutes of Health to potentially important Congressional directives on the Three Rs has been unsatisfactory. The prestigious National Association of Biology Teachers, which at first endorsed the use of alternatives in education, later rescinded this policy, because of opposition to it. An impediment to progress is the extreme polarisation of viewpoints between the biomedical community and the animal protectionists.

Constitutional Law in 1942–1943: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1942

1944 ◽  
Vol 38 (2) ◽  
pp. 266-288
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
West Coast ◽  
The United States ◽  
Japanese American ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Set Up ◽  
The Right

On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.A. QUESTIONS OF NATIONAL POWER1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITYWest Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.

Dimensions of Public Sector Pay Policies in the United States and Sweden

1988 ◽  
Vol 8 (3) ◽  
pp. 61-83 ◽  
Author(s):  
Lois Recascino Wise
Keyword(s):  
United States ◽  
Public Sector ◽  
United States Of America ◽  
Central Government ◽  
The United States ◽  
Three Dimensions ◽  
Social Orientation ◽  
Social Equality ◽  
The Third ◽  
Third Dimension

Three dimensions for analyzing public sector pay administration are used to examine central government pay administration in Sweden and the United States of America. On the first dimension, market posture, both countries are found to fall short of their espoused policy, comparability. Greater consistency is found on the second dimension, social orientation, where both countries have pursued the goal of social equality. The equilization of salary levels across society is far greater in Sweden in keeping with the socialist objectives of wage solidarity. The third dimension, reward structure, shows the greatest distance between the two countries with the struggle to implement performance-contingent pay underway in the U.S. while Swedes continue to rely on longevity for pay increases.

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