scholarly journals Penyelesaian Sengketa Kontrak Antara Pemerintah Kabupaten Buleleng Dengan PT. Chandra Dwipa Terkait Pembangunan Ruang Terbuka Hijau Taman Bung Karno Singaraja

2021 ◽  
Vol 7 (1) ◽  
pp. 266
Author(s):  
I Gusti Ayu Apsari Hadi ◽  
Komang Febrinayanti Dantes
Keyword(s):  
Dispute Settlement ◽  
Regional Government ◽  
Dispute Settlement Mechanism ◽  
Literature Study ◽  
Analysis Techniques ◽  
Analysis Process ◽  
Black List ◽  
The Government ◽  
Data Collection Technique ◽  
Settlement Mechanism

This study aims to determine the form of dispute resolution between the Buleleng Regency Government and the private sector PT. Candra Dwipa regarding the construction of RTH Bung Karno Park, Singaraja city. The data collection technique used purposive sampling through interviews, observation, documentation and literature study. The subjects in this study were the Regional Government, especially the Commitment Making Official (PPK) of the Disperkimta, Buleleng Regency. Data processing and analysis techniques in this study will be carried out qualitatively. After the qualitative analysis process is carried out, then the data will be presented in a descriptive qualitative manner and systematically. The results showed that (1) a contract clause / agreement letter between the Buleleng Regency Government and PT. Chandra Dwipa is in accordance with the pacta sunt servanda principle and has implications for the rights and obligations of the parties, namely the DISPERKIMTA party can supervise the work of the provider and the provider must carry out the work according to the applicable contract; (2) the dispute settlement mechanism for the development of RTH Taman Bung Karno in which the provider (contractor) does not fulfill the work as planned, namely the realization is only 74,932% while the deviation is -25,068%, the government will stop work, impose fines, and put the provider into in the Black List.

Auxiliary Hypotheses about Domestic Politics and Trade Agreements

2012 ◽  
Author(s):  
Edward D. Mansfield ◽  
Helen V. Milner
Keyword(s):  
Dispute Settlement ◽  
Domestic Politics ◽  
Trade Agreements ◽  
Veto Players ◽  
Main Argument ◽  
Dispute Settlement Mechanism ◽  
Political Leaders ◽  
The Government ◽  
Preferential Trading Arrangements ◽  
Settlement Mechanism

This chapter examines three auxiliary hypotheses that flow from the main argument. First, in countries with more veto players it is less likely that political leaders will be able to form deeper integration agreements. As trade agreements become more constraining, they will prompt greater resistance from more groups. Hence, countries marked by a large number of veto players are unlikely to accede to agreements that aim to achieve more extensive integration. Second, in the same vein, political leaders are also unlikely to enter preferential trading arrangements that include more constraints, such as a dispute settlement mechanism. Finally, in countries with more veto players, we expect greater delays between signing and ratifying agreements. As the number of veto players rises, so does the time needed for the government to convince these groups of the agreement's value and to design ways of compensating those that will be harmed by it.

scholarly journals UPAYA KEBERATAN TERHADAP PNS YANG DIJATUHI HUKUMAN PEMBERHENTIAN TIDAK DENGAN HORMAT

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Sri Hartini
Keyword(s):  
Dispute Settlement ◽  
Civil Servants ◽  
Legal Basis ◽  
Legal Problem ◽  
Dispute Settlement Mechanism ◽  
Judicial Process ◽  
State Administration ◽  
The Government ◽  
Settlement Of Disputes ◽  
Settlement Mechanism

Staffing dispute settlement mechanism against civil servants who sanctioned by harsh punishment such not respect form, is a serious legal problem. From the research found that staffing is the State Administration dispute settlement. What penyelesaianya has its own characteristics. Disputes in the area of staffing are not handled directly by a State Administrative Court (Administrative Court)), but must first be resolved through a process similar to a judicial process, conducted by a team or by an official in the government environment. The process in the science of law is called quasi-judicial (quasi rechtspraak), known as administrative appeals. Civil servants who will submit disputes to the Administrative Court, if the sanstion imposed on the basis of PP No. 53 years 2010 on the discipline of civil servants, the mechanism that must be passed is the efforts the administration that through to the Civil Service Advisory Board (BAPEK). Article 38 of Regulation 53 of 2010 administrative effort submitted to BAPEK, however these regulations do not provide clarity.  Based on this research, the settlement of disputes relating to the dismissal of cicil servant by not respect can resolved by employment regulations, the legal basis is the Administrative Court Act, Article 48 paragraph 2 and Article 51 paragraph 3. Key words: civil servants, dispute officer

scholarly journals KERJASAMA SISTER CITY PEMERINTAH KOTA BANDUNG (INDONESIA) DAN PEMERINTAH KOTA PETALING JAYA (MALAYSIA) DALAM MENINGKATKAN INDUSTRI EKONOMI KREATIF BANDUNG TAHUN 2012-2016

2018 ◽  
Vol 3 (01) ◽  
pp. 94-107
Author(s):  
Mariane Olivia Delanova ◽  
Meizania Vania Utami Effendi ◽  
Yuswari Octonain Djemat
Keyword(s):  
Local Government ◽  
Foreign Relations ◽  
Local Governments ◽  
Central Government ◽  
City Government ◽  
Creative Economy ◽  
Regional Government ◽  
Literature Study ◽  
The Government ◽  
Data Collection Technique

In accordance with Law no.37 of 1999 on foreign relations and law no.32 of 2004 on regional government further strengthen the position of local government to conduct an external relationship in an effort to build its own region. The purpose of this study is to describe more deeply about the cooperation of sister city Bandung city government in improving the creative economy industry in Bandung City and Petaling Jaya City, Malaysia with the program "Little Bandung" owned by the government of Bandung. In order to face the existence of ASEAN Economic Community (MEA). This study uses the approach of liberalism, the concept of creative economy, sister city, paradiplomasi and the theory of international cooperation. So as to illustrate the process of foreign cooperation implemented by the Government of Bandung. This research is descriptive and data collection technique through interview and literature study. In this study it can be concluded that with the existence of law no.37 of 1999 on foreign relations and law no.32 of 2004 on local government, a benchmark on each local government to build and develop its own region through an outside relationship Country in the form of cooperation among local governments apart from the central government.

The Legitimate Regulatory Distinction Test: Incomplete and Inadequate for the Particular Purposes of the TBT Agreement

2016 ◽  
Vol 15 (4) ◽  
pp. 543-562 ◽  
Author(s):  
JASON HOUSTON-MCMILLAN
Keyword(s):  
Dispute Settlement ◽  
Technical Barriers To Trade ◽  
Dispute Settlement Mechanism ◽  
Appellate Body ◽  
The Creation ◽  
The Cost ◽  
Special Circumstances ◽  
Settlement Mechanism

AbstractPrior to 2011, the Agreement on Technical Barriers to Trade had been somewhat neglected as a dispute-settlement mechanism, due in part to the lack of previous interpretation of the Agreement by WTO DSB Panels. In 2012, the Appellate Body adjudicated on three TBT disputes:US–Clove Cigarettes, US–Tuna II, andUS–COOL, aiming to officially interpret and clarify Articles 2.1 and 2.2 of the Agreement by creating a distinct test for a measure's consistency with these Articles. This paper explores the relevant decisions of both the Panel and Appellate Body in the three disputes which led to the creation of the ‘legitimate regulatory distinction’ test. The substance behind this phrase, placed in context, is dissected along with the associated idea of ‘even-handedness’. The test attempts to simplify future interpretations regarding what will constitute unjustifiable discrimination, but at the cost of the necessary distinction between the GATT and the TBT Agreement being blurred. The result is a test which is incomplete and which fails to take account of the special circumstances surrounding the TBT Agreement.

EUROPEAN UNION IN WTO’S DISPUTE SETTLEMENT SYSTEM

2020 ◽  
Vol 4 (XX) ◽  
pp. 33-49
Author(s):  
Małgorzata Czermińska
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
The European Union ◽  
Dispute Settlement Mechanism ◽  
Settlement System ◽  
Dispute Settlement System ◽  
Trade Conflicts ◽  
Settlement Mechanism ◽  
Descriptive Method

The World Trade Organisation (WTO) serves as a forum for co-operation, currently for as many as 164 countries, and in addition, it allows for the resolution, also amicably, of trade conflicts between parties, consequently, settling disputes between them. One of essential provisions of the Uruguay Round (UR) of the General Agreement on Tariffs and Trade (GATT) included the introduction of a new dispute settlement mechanism, that is to say, the Dispute Settlement Understanding (DSU), which became effective on 1 January 1995. Member States of the European Union were not only actively involved in developing the rules of the international trade system, but they also influenced, to a large extent, the form of both such rules and of ongoing trade negotiations, as well as they assumed and still assume responsibility for the final arrangements. Hence, their role in the multilateral trade system is both active and passive. This paper aims to demonstrate the functioning of the WTO’s dispute settlement mechanism and show the role which the European Union serves in this system. The Article employs an analytical and descriptive method. It draws on sources from the national and international literature and WTO’s databases.

“Constitutionalization” and Dispute Settlement in the wto: National Security as an Issue of Competence

1999 ◽  
Vol 93 (2) ◽  
pp. 424-451 ◽  
Author(s):  
Hannes L. Schloemann ◽  
Stefan Ohlhoff
Keyword(s):  
National Security ◽  
Dispute Settlement ◽  
Uruguay Round ◽  
Significant Shift ◽  
Dispute Settlement Mechanism ◽  
Economic Relations ◽  
Trade Law ◽  
International Trade Law ◽  
Dispute Settlement System ◽  
Settlement Mechanism

The 1994 Uruguay Round revision of the dispute settlement mechanism under the General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO) has made it a forum both for traditional trade issues and for interests ranging from environmental protection to national security. The limits of GATT jurisdiction have become important issues of dispute settlement within the WTO, especially as the emergence of the WTO and its rule-based, quasi-obligatory dispute settlement system has spurred a significant shift toward legalism. Constitutional structures are developing much faster in international trade law than in any other area of international law and, in the aftermath of the Uruguay Round, are integrating ever more aspects of economic relations among states. Within the WTO regime the dispute settlement mechanism established by the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) plays a prominent role in enforcing its rules and reconciling a wide array of the members’ interests. The limits of the reach of the dispute settlement mechanism, given its obligatory character, are, to a certain degree, the limits of the constitutionalization of the organization as a whole.

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