scholarly journals STAN PASAR SEBAGAI JAMINAN BERDASARKAN PERJANJIAN TENTANG PEMBERIAN HAK MEMAKAI RUANG (STAN) DI BANK CENTRAL ASIA

2019 ◽  
Vol 26 (2) ◽  
pp. 190
Author(s):  
Novia Rianti
Keyword(s):  
Property Rights ◽  
Methodological Problem ◽  
Economic Value ◽  
The Other ◽  
Individual Rights ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Right ◽  
Lease Agreement

Space rights agreement is a part of lease agreement. Leasing is an agreement that gives a right called individual rights. It is because the right to lease arises from an agreement between one legal subject to another. Thus, this right can only be accountable to the opponent of the contract in accordance with the principle of privity of contrac. A lease agreement aims at providing the right only to use the property, and not to own it. Therefore, lease agreement only gives individual rights, not property rights. On the other hand, as we know, fiduciary provides object guarantees, which is included in constitutum possessorium (the object transferred remains within the control of the fiduciary giver). The air rights, the market stall, from the agreements of rights granting, are clearly included in individual rights, rather than property, which should not be imposed on fiduciary guarantees. This research is conducted by applying doctrinal research. It adapts statute approach, conceptual approach, and case study for its methodological problem approach. This study analyzes the market stall usage rights as an object from the perspective of security laws and Fiduciary on the usage rights upon a market stall by banks. The results of the research showed that by reviewing it further using air rights perspective, the air rights upon a market stall were included in lease rights. The right to use the stall is not property rights, but is an individual right. It is based on the law of lease rights. In addition, the debtor, as the tenant, only controls the leased objects to make use of it, not for the purpose of owning it. In that way, the lease itself does not result in property rights. However, if it is reviewed further based on the air rights, this can be categorized as an object with security laws, because the air rights fulfill the requirements as an object that can be guaranteed. It is because it has economic value and can be transferred, even though it is approved by another party. Since the air rights are individual right, it cannot be used as a guarantee for pawn, mortgage, and Fiduciary.

A Tug of War Between Heritage Conservation and Property Rights: Some Success at Last for Heritage Conservation—City of Cape Town v. Oudekraal Estates (Pty) Ltd. [2007] JOL 20887 (C)

2009 ◽  
Vol 16 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Margaret Beukes
Keyword(s):  
Property Rights ◽  
South African ◽  
Cape Town ◽  
The Other ◽  
Heritage Conservation ◽  
South African Context ◽  
Sensitive Issue ◽  
African Context ◽  
The One ◽  
The Right

When the idea of heritage conservation arises, one specific facet of the ensuing reflection is bound to emerge at some stage: the (inevitable) tension between property rights, on the one hand, and the right to culture (of which heritage conservation is an aspect), on the other. This tension intensifies when the cultural material to be conserved concerns a traditionally sensitive issue—that of the burial places of the ancestors of people designated in the South African context as previously disadvantaged.

scholarly journals Developmental State and Ethnic Federalism in Ethiopia:

2019 ◽  
Vol 3 (1) ◽  
pp. 95-127
Author(s):  
Zekarias Beshah Abebe
Keyword(s):  
Cultural Diversity ◽  
Economic Restructuring ◽  
Developmental State ◽  
The Other ◽  
State Model ◽  
Ethnic Federalism ◽  
State Models ◽  
Liberal Approach ◽  
The Right

The ethnic federalization of the post-1991 Ethiopia and the subsequent adoption of developmental state paradigm are the two most important pillars for the country’s political and economic restructuring. An interventionist developmental state model is opted for against the dominant narrative of the non-interventionist neo-liberal approach as the right path to conquer poverty: a source of national humiliation. On the other hand, ethnically federated Ethiopia is considered as an antidote to the historical pervasive mismanagement of the ethno-linguistic and cultural diversity of the polity. The presence of these seemingly paradoxical state models in Ethiopia makes it a captivating case study for analysis. Ethiopia’s experiment of pursuing a developmental state in a decentralized form of governance not only deviates from the prevalent pattern but also is perceived to be inherently incompatible due to the competing approaches that characterize the two systems. This article argues that the way in which the developmental state is being practiced in Ethiopia is eroding the values and the very purposes of ethnic federalism. Its centralized, elitist and authoritarian nature, which are the hallmark of the Ethiopian developmental state, defeats the positive strides that ethnic federalism aspires to achieve, thereby causing discontent and disenfranchisement among a swathe of the society. The article posits that the developmental state can and should be reinvented in a manner that goes in harmony with the ideals of ethnic federalism. The notion of process-based leadership remains one way of reinventing the Ethiopian developmental state model.  

scholarly journals Manner modification of states

2006 ◽  
Vol 44 (1) ◽  
pp. 111-124
Author(s):  
Wilhelm Geuder
Keyword(s):  
Light Emission ◽  
Explanatory Power ◽  
Logical Form ◽  
Conceptual Structure ◽  
The Other ◽  
Event Semantics ◽  
Conceptual Approach ◽  
Recent Contribution ◽  
Major Argument

In a recent contribution to a long-standing discussion in semantics as to whether the neo-Davidsonian analysis should be extended to stative predicates or not, Maienborn (2004, 2005) proposes to distinguish two types of statives; one of them is said to have a referential argument of the Davidsonian type, the other not. As one of her arguments for making such a distinction, Maienborn observes that manner modification seems to be supported only by certain statives but to be excluded by others (thus linking the issue to the use of manner modification as one major argument in favour of event semantics, cf. Parsons 1990). In this paper, it is argued that the absence of manner modification with Maienborn's second group of statives is actually due to a failure of conceptual construal: modification of a predicate is ruled out whenever its internal conceptual structure is too poor to provide a construal for the modifier; hence, the effects observed by Maienborn reduce to the fact that eventive predicates have a more complex conceptual substructure than stative ones. Hence, the issue of manner modification with statives is shown to be orthogonal to questions of logical form and event semantics. The explanatory power of the conceptual approach is demonstrated with a case study on predicates of light emission, adapting the representation format of Barsalou's (1992) frame model.  

VALUES OF MORTGAGES WITH TOP-UP PAYMENT OPTIONS

2006 ◽  
Vol 09 (05) ◽  
pp. 801-824
Author(s):  
ROSE NENG LAI ◽  
SEOW ENG ONG ◽  
TIEN FOO SING
Keyword(s):  
Economic Value ◽  
The Other ◽  
Contingent Claim ◽  
Property Value ◽  
Put Option ◽  
A Value ◽  
The Difference ◽  
The Right ◽  
Early Default ◽  
Mortgage Contract

The right of lenders to request for top-ups of negative equity when the property value falls below the loan outstanding is a little known, yet widely adopted provision in mortgage documents in many Asian markets. We analyze the effect of the top-up option by appealing to a contingent claim framework. Specifically, we model the top-up option as a synthetic option comprising a long put to request for a top-up, a short put that cancels out the first option in the event of a default, and a binary put option once triggered will yield a value equivalent to the difference between the mortgage outstanding and the property value. The results of comparative analyses show that the lender's right to request for top-ups is valuable when the negative mortgage equity increases, especially in a market where price is highly volatile. The top-up clause fundamentally affects the mortgage values for both the borrower and the lender. We show that lender's inaction by not calling for top-ups when negative mortgage equity occurs is suboptimal. On the other hand, the lenders' exercise of the in-the-money top-up options may lead to early default by the mortgagor. This is one of the reasons why lenders exercise this option only very sparingly in practice. This mortgage design has economic value to the lenders, it is, however, not optimal in time of volatile market. The policy implication of the findings is that the sub-optimal top-up feature should be removed from the mortgage contract, and it will not severely jeopardize the lender's ability to enforce payments in the mortgages.

scholarly journals The Legal Impact of Islamic Law in the Identity and Provisions of Qatari Legal System: Conceptual Frame and Legislative Directions

2020 ◽  
Vol 58 (2) ◽  
pp. 451-482
Author(s):  
Abdullah Abdullah
Keyword(s):  
Human Behavior ◽  
Islamic Law ◽  
Legal Rule ◽  
The Other ◽  
Conceptual Approach ◽  
Distinct Component ◽  
Social Rules ◽  
Legal Rules ◽  
Conceptual Frame

This article examines the Islamic law situation in Qatari law based on a case study to the main concepts, and some special practical issues in Qatari Law. The paper focuses on a conceptual approach to Qatari law and Islamic law in the light of centrality of Islamic law. Furthermore this paper also focuses on the distinctive characteristics of the law compared to the other such as the concept of human behavior in such a way that it has an impact on the penalty in the legal rule as a distinct component. The analysis also pays an attention to a distinction between the legal rules and other social rules in the matter of giving an influence on structure of human behavior. As a matter of fact, this article also tries to give e light on the centrality of Islamic law on Qatari law, especially on the case of taking back of charity (hibah) as an example. The paper ends with conclusion that for Islamic legislation in Qatari law, Islamic Sharia is considered to be the main source and it is needed to develop a legislative and judicial orientations based on Islamic legal rules that regulate transactions in Qatari law.[Artikel ini membahas situasi hukum Islam di dalam hukum Negara Qatar berdasarkan pada studi kasus atas beberapa konsep kunci dan isu praktis dalam hukum Qatar. Tulisan ini fokus pada pendekatan konseptual hukum Qatar dan Syariah Islam berdasarkan pada sentralitas Syari’ah islam. Selain itu, artikel ini  juga membahas tentang karakter khusus undang-undang dibanding dengan yang lainnya seperti teori prilaku yang mempunyai pengaruh terhadap penerapan hukumannya. Selain itu, pembahasan tersebut juga mempertimbangkan perbedaannya dibandingkan dengan hukum sosial terkait dengan pengaruh terhadap pembentukan prilaku.  Artikel ini juga memberikan penekanan kajian atas sentralitas hukum Islam dan pengaruhnya terhadap konsep undang-undang seperti pengaturan tentang hak menarik kembali dana hibah dalam undang-undang di Qatar. Dalam kesimpulan, artikel ini menyatakan bahwa dalam undang-undang Qatar, hukum Islam menempati posisi yang sentral dan menjadi basis utama dalam pengembangan legislatif dan  orientasi yuridis yang didasarkan pada aturan legal Islam dalam pengaturan transaksi dalam undang-undang hukum di Qatar.]

scholarly journals Perlindungan Hukum Bagi Kreditor Terhadap Hapusnya Hak Atas Tanah yang Dibebani Hak Tanggungan

Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 251
Author(s):  
I Dewa Gede Arie Kusumaningrat
Keyword(s):  
Dispute Resolution ◽  
Legal Protection ◽  
Land Rights ◽  
The Other ◽  
Conceptual Approach ◽  
Other Hand ◽  
Credit Agreement ◽  
The Right

Credit distribution by banks is one effort that can be utilized by everyone to meet needs that are very diverse and always increasing. Credit distribution by banks is generally carried out in the presence of collateral to increase creditor trust. Credit distribution is a product that is profitable for the bank, but on the other hand there is a risk in lending due to the need for time from the lending phase to the repayment stage. Credit implementation does not always run smoothly, one of which is when the credit debtor becomes bogged down, plus the collateral of the debtor cannot be executed by the bank because the guarantee has been removed by a certain matter. The problem is how the legal protection for creditors against the abolition of land rights burdened with liability and how the debtor's responsibility due to the abolition of rights to land burdened with mortgage rights. Normative juridical research used in compiling this study is accompanied by the use of a legal approach (Statue approach), and a conceptual approach. There are two types of protection for creditors, namely preventive legal protection (prevention) and repressive legal protection (dispute resolution). The debtor is still obliged to pay off the debt even though the collateral with the right of liability has been removed. The credit agreement is a protection for creditors in the event of a dispute during the process of lending, then efforts can be made by the bank if there is a problem, namely by conducting a credit restructuring. Penyaluran kredit oleh bank merupakan salah satu upaya yang dapat dimanfaatkan oleh setiap orang guna memenuhi kebutuhan yang sangat beraneka ragam dan selalu meningkat. Penyaluran kredit oleh bank pada umumnya dilakukan dengan keberadaan jaminan guna meningkatkan kepercayaan kreditor. Penyaluran kredit merupakan produk yang menguntungkan bagi bank, namun disisi lain terdapat resiko dalam penyaluran kredit tersebut yang dikarenakan diperlukannya waktu sejak tahap pemberian kredit sampai pada tahap pelunasan kredit. Pelaksaan kredit tidak selalu berjalan dengan lancar, salah satunya ketika debitor kreditnya menjadi macet, ditambah lagi jaminan debitor tidak bisa dieksekusi oleh bank karena jaminan telah hapus oleh suatu hal tertentu. Adapun yang menjadi masalah yakni bagaimana perlindungan hukum bagi kreditor terhadap hapusnya hak atas tanah yang dibebani hak tanggungan dan bagaimana tanggung jawab debitor akibat hapusnya hak atas tanah yang dibebani hak tanggungan. Penelitian normatif digunakan dalam menyusun penelitian ini disertai penggunaan pendekatan perundang-undangan (Statue approach), dan pendekatan konseptual (conceptual approach). Terdapat dua jenis perlindungan bagi kreditor yaitu perlindungan hukum preventif (pencegahan) serta perlindungan hukum represif (penyelesaian sengketa). Debitor tetap berkewajiban melunasi utangnya meskipun jaminan dengan hak tanggungan telah hapus. Perjanjian kredit menjadi perlindungan bagi kreditor dalam hal terjadinya sengketa selama proses penyaluran kredit, kemudian upaya yang dapat dilakukan bank apabila terjadi permasalahan yakni dengan melakukan restrukturisasi kredit.

Eugenics and Progressive Thought: a Study in Ideological Affinity

1979 ◽  
Vol 22 (3) ◽  
pp. 645-671 ◽  
Author(s):  
Michael Freeden
Keyword(s):  
Political Theory ◽  
Political Thought ◽  
Turn Of The Century ◽  
The Other ◽  
Central Question ◽  
The Social ◽  
The One ◽  
The Right ◽  
A Minor

The issues raised by eugenics are of more than passing interest for the student of political thought. In itself a minor offshoot of turn-of-the-century socio-biological thought which never achieved ideological ‘take-off’ in terms of influence or circulation, there was certainly more in eugenics than nowadays meets the eye. The following pages propose to depart from the over-simplistic identification of eugenics, as political theory, with racism or ultra-conservatism and to offer instead two alternative modes of interpretation. On the one hand, eugenics will be portrayed as an exploratory avenue of the social-reformist tendencies of early-twentieth-century British political thought. On the other, it will serve as a case-study illustrating the complexity and overlapping which characterize most modern ideologies. While recognizing, of course, the appeal of eugenics for the ‘right’, a central question pervading the forthcoming analysis will be the attraction it had for progressives of liberal and socialist persuasions, with the ultimate aim of discovering the fundamental affinities the ‘left’ had, and may still have, with this type of thinking.

scholarly journals Drivers of Firm Performance: Exploring Quantitative and Qualitative Approaches

2017 ◽  
Vol 12 (1) ◽  
pp. 79-84 ◽  
Author(s):  
Mihaela Herciu
Keyword(s):  
Firm Performance ◽  
Literature Review ◽  
Balanced Scorecard ◽  
Economic Value ◽  
Qualitative Approach ◽  
The Other ◽  
Bottom Line ◽  
Qualitative Approaches ◽  
Quantitative Indicators

AbstractThe main purpose of this paper is to identify the drivers of firm performance by exploring both quantitative indicators - based on accounting profitability, shareholder value and economic value – and qualitative approach – based on balanced scorecard and triple bottom line. A literature review will be provided in order to obtain an optimum mix of quantitative and qualitative drivers for firm performance, on one hand, and a case study will be conducted for emphasizing the importance of both approaches, on the other hand.

scholarly journals LAND REGISTRATION OF PROPERTY RIGHTS IN THE REVIEW OF THE ECONOMICS VALUE

2019 ◽  
Author(s):  
Elviana Sagala ◽  
Ade Parlaungan Nasution ◽  
Risdalina
Keyword(s):  
Property Rights ◽  
Economic Value ◽  
Land Rights ◽  
Land Registration ◽  
Legal Subject ◽  
The Public ◽  
Proof Of Ownership ◽  
Village Government ◽  
The Many ◽  
The Village

The importance of registration of land rights for every person or legal subject to proof of ownership certificate of property rights for economic value will be on the increase in value and simplify every business economy to obtain their capital and to increase its business, because the registered land can be used as collateral to obtain venture capital in the Bank or other financing that is set in the legislation.And ignorance of the importance of registration of land rights on the property of factors primarily the many people who do not understand the importance of registration of land rights, and the lack of socialization Government to the public or the cooperation of village government and village by Lecturer of Law and Lecturer in Economic Law by asking lecturers in the area The conduct of devotion in the village and his village.

scholarly journals PATENTS AS FIDUCIARY COLLATERAL IN BANK CREDIT

2020 ◽  
Vol 5 (1) ◽  
pp. 33-38
Author(s):  
I Gusti Agung Ayu Patrecia Marthavira
Keyword(s):  
Research Method ◽  
Economic Value ◽  
Field Research ◽  
Bank Credit ◽  
Conceptual Approach ◽  
Cost Approach ◽  
Library Research ◽  
Income Approach ◽  
Market Approach ◽  
The Right

The aims of this study are to determine the regulation of patents as fiduciary guarantees in bank credit and find out how to assess the economic value of patents as fiduciary guarantees. This study used statute approach and conceptual approach. This research method used three sources of legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials. The legal material collection is done through library research The main legal material obtained from the field was first examined for completeness and clarity to be classified as well as systematic and consistent preparation to facilitate analysis. Secondary legal material was obtained from the literature and was collected systematically, so that it could be used as a reference in conducting analysis. The results of the legal material were carried out with library and field research, as well as descriptive analytical discussions. The results of this study are the regulation of patents as fiduciary guarantees in bank credit contained in Article 108 paragraph (1) of Law Number 13 Year 2016 concerning Patents which determines that the right to a Patent can be used as an object of fiduciary security. Patents include intangible movable property that can be transferred or transferred because of a written agreement. How to assess the economic value of patents as fiduciary guarantees, namely the market approach, income approach and cost approach.

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