scholarly journals LEGAL PROTECTION FOR THE OBLIGEE CAUSED BY FAKE PERFORMANCE BONDS (LEGAL CONSTRUCTION TO DISPUTE SETTLEMENT IN CONSTRUCTION LAW)

2018 ◽  
Vol 2 (2) ◽  
pp. 155
Author(s):  
Octaviani Cristiani Purnama Sari
Keyword(s):  
Dispute Settlement ◽  
Service Providers ◽  
Legal Protection ◽  
Development Project ◽  
Project Activity ◽  
Banking Institutions ◽  
Performance Bond ◽  
Construction Law ◽  
Construction Services ◽  
Selection Of

In a development project activity, financing is a very significant thing. Therefore, in all its activities required a smooth transaction in terms of financing, because without it will certainly be many obstacles that will be experienced by the owners of the project. To avoid this, project owners often involve third parties to ensure liquidity of funds. In order to guarantee this, project owners often use the services of banking institutions. The provisions contained in Law No. 2 of 2017 concerning Construction Services (hereinafter referred to as Construction Services Law) in Article 57 paragraph (1) provides that: "In selection of service providers as referred to in Article 42, the service provider shall submit a guarantee to the Service User to fulfill the obligations as required in the Service Provider's selection document ". Guarantees referred to by the above article is nothing but the guarantee of the implementation of the bank guarantee (performance bond) .But in reality often found bank warranty issuance turned out to be fake and cause dispute.

scholarly journals Analisis Undang Undang yang Mengatur Jasa Konstruksi Indonesia Terhadap Pengguna dan Penyedia Jasa Konstruksi

2020 ◽  
Vol 25 (2) ◽  
pp. 199
Author(s):  
Andi Bayu Putra ◽  
Hendrik Sulistio
Keyword(s):  
Service Providers ◽  
Study Data ◽  
Test Reliability ◽  
Survey Method ◽  
Construction Work ◽  
Literature Study ◽  
Good Guide ◽  
Construction Services ◽  
Statutory Regulation ◽  
Selection Of

Construction Services Law is a statutory regulation that is used to regulate all matters involving construction services, whereas in this study conducted in Jakarta, Indonesia, Law No. 18 of 1999 about Construction Services and Law No. 2 of 2017 about Construction Services. With changes in the Construction Services Law, there are differences in the form of revisions, additions, and reductions. These differences and changes are analyzed with the aim of developing a better Construction Services Law in the future. The method used in this research is a literature study method and questionnaire survey method. Questionnaire questions were formed based on literature studies from previous research and Construction Services Law discussed in this study. Data obtained from respondents were entered into the IBM SPSS Statistics 23 program and then conducted a validity test, reliability test, correlation test, and regression analysis. The analysis shows that there are several Construction Services Law’s regulations which cannot be a good guide for construction service providers and users yet, due to: the provisions regarding building failures are not well explained, the general lack of provisions governing the selection of expert assessors, the lack of clarity governing labor standards construction work and unclear regulations regarding sanctions for parties involved in construction work.

scholarly journals Implementasi net neutrality di indonesia ditinjau dari undang-undang ite

2021 ◽  
Vol 5 (3) ◽  
pp. 244-259
Author(s):  
Satriyo Widhi Pamungkas
Keyword(s):  
Research Method ◽  
Service Providers ◽  
Legal Protection ◽  
Network Neutrality ◽  
Net Neutrality ◽  
Business Climate ◽  
Internet Applications ◽  
Internet Service ◽  
Electronic Transactions ◽  
Selection Of

The problem of net neutrality has become a debate in many countries where the regulation on the net neutrality policy confirms that internet providers or Internet Service Providers (ISPs) are not allowed to make distinctions or be discriminatory in the selection of internet applications or content to be used by consumers or users. The purpose of this research is to analyze the application of network neutrality from the perspective of Indonesian law which specifically examines critically the applicable Information and Electronic Transactions Law. This research method is descriptive qualitative. The results show that the implementation of Net Neutrality in terms of the Information and Electronic Transactions Law is still not optimal because there are still network restrictions that are applied to certain Internet Network Providers. The results also show that there is a need for amendments to the ITE Law related to the enforcement of legal protection with the principle of forming a prohibition against the actions of Internet Service Provider (ISP) business actors that can disrupt the business climate.

scholarly journals Sharia Principles in the Financial Services Authority Regulation on Dispute Settlement Alternatives

2021 ◽  
Vol 5 (1) ◽  
pp. 56
Author(s):  
Ro'fah Setyowati ◽  
Bagya Agung Prabowo
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Service Industry ◽  
Legal Protection ◽  
Normative Study ◽  
Finance Industry ◽  
Banking Institutions ◽  
The Right

There is a legal disharmony with the Sharia Banking Law in the regulation on alternative dispute resolution institutions. This problem arises because the regulation does not pay attention to sharia principles, as mandated by Article 55, Paragraph 3 of the Sharia Banking Law. Meanwhile, the application of sharia principles is a spiritual right of consumers which also requires legal protection. This research is intended to assess alternative dispute resolution institutions' regulations, particularly Financial Services Authority Regulation from a consumer protection perspective, particularly spiritual rights. This research is categorized as an empirical normative study, using a philosophical, historical approach and a content analysis of the Financial Services Authority Regulation. The results of this study indicate that the Financial Services Authority Regulation on Alternative Dispute Resolution Institutions has not accommodated spiritual rights in dispute resolution for the Islamic banking industry. A weak understanding of spiritual rights causes it in the context of dispute resolution. It also creates another problem in the form of a lack of attention and policies that support the protection of spiritual rights, both in regulatory and banking institutions. In the context of dispute resolution, there are general consumer rights, such as the right to get advocacy, while the application of sharia principles is a special right. Based on these findings, it is recommended that regulatory institutions, particularly the Financial Services Authority, pay adequate attention to the entire financial service industry under their respective characteristics. It is an important matter because the protection of spiritual rights supports the development of the Islamic finance industry both in Indonesia and globally.

scholarly journals Renewable Energy Technology Selection Problem Using Integrated H-SWARA-MULTIMOORA Approach

2018 ◽  
Vol 10 (12) ◽  
pp. 4481 ◽  
Author(s):  
Abteen Ijadi Maghsoodi ◽  
Arta Ijadi Maghsoodi ◽  
Amir Mosavi ◽  
Timon Rabczuk ◽  
Edmundas Zavadskas
Keyword(s):  
Renewable Energy ◽  
Complex Problem ◽  
Development Project ◽  
Selection Problem ◽  
Technology Selection ◽  
Ratio Analysis ◽  
Energy Technology ◽  
Renewable Energy Technology ◽  
Multiple Attribute ◽  
Selection Of

Due to the adaptation of recent pollution mitigation and justification policies there has been a growing trend for electricity generation from various renewable resources. The selection of the optimal renewable energy technology could be measured as a complex problem due to the complication of forthcoming circumstances in any country. Consequently, the proposed similar complex assessment problem can be tackled with the support of Multiple Attribute Decision Making (MADM) methods. The current research study investigates a technology selection problem by proposing a hybrid MADM approach based on the Step-Wise Weight Assessment Ratio Analysis (SWARA) approach with a hierarchical arrangement combined with the Multi-Objective Optimization on the basis of Ratio Analysis plus the full MULTIplicative form (MULTIMOORA). Ultimately, a conceptual case study regarding the selection of the optimal renewable energy technology based on a conceptual development project in Iran has been examined by the proposed combinative MADM methodology.

Knowledge Management and Quality Control in Software Outsourcing Projects

2017 ◽  
Vol 13 (4) ◽  
pp. 31-55 ◽  
Author(s):  
Rajorshi Sen Gupta
Keyword(s):  
Quality Control ◽  
Knowledge Management ◽  
Intellectual Property ◽  
Software Development ◽  
Service Providers ◽  
Economic Incentives ◽  
Development Project ◽  
Apparent Paradox ◽  
Software Development Project ◽  
Lump Sum

This article describes how entrepreneurs face critical risks in terms of quality control and knowledge management while outsourcing software development to independent service providers. First, it is recommended that lump-sum payment contracts should be avoided since software development project involves uncertainty. Instead, a variable payment contingent on observed quality can induce the service provider to exert optimal effort on the project. Second, entrepreneurs must not overlook the importance of providing economic incentives. They can protect their intellectual property by withholding critical knowledge and paying information rents in terms of higher than market wages to the service providers. Third, a startling result is that a low wage nation is not necessarily the optimal location to outsource software development projects. Thus, high wage-strong IPR nations might be chosen instead of low wage-weak IPR nations. Finally, the article explains the apparent paradox that software projects are often outsourced to locations that are characterized by weak intellectual property rights regime and high propensity of imitation.

scholarly journals Evaluating Kupferstein’s claims of the relationship of behavioral intervention to PTSS for individuals with autism

2018 ◽  
Vol 4 (3) ◽  
pp. 122-129 ◽  
Author(s):  
Justin Barrett Leaf ◽  
Robert K. Ross ◽  
Joseph H. Cihon ◽  
Mary Jane Weiss
Keyword(s):  
Stress Disorder ◽  
Service Providers ◽  
Extreme Caution ◽  
Content Type ◽  
Diagnostic Threshold ◽  
Indirect Measures ◽  
Methodological Rigor ◽  
Relationship Of ◽  
The Relationship ◽  
Selection Of

Purpose Kupferstein (2018) surveyed 460 respondents and found that 46 percent of respondents met the diagnostic threshold for posttraumatic stress disorder after exposure to applied-behavior-analysis-based intervention. The purpose of this paper is to provide an evaluation a critical analysis of Kupferstein (2018) including the experimental methods and discussion of the results. Design/methodology/approach The authors evaluated the Kupferstein’s methodological rigor with respect to the use of hypothesis testing, use of indirect measures, selection of respondents, ambiguity in definitions, measurement system, and framing of the experimental question when conducting the correlational analysis in addition to Kupferstein’s analysis and discussion of the results. Findings Based upon the analysis, Kupferstein’s results should be viewed with extreme caution due to several methodological and conceptual flaws including, but not limited to, leading questions used within a non-validated survey, failure to confirm diagnosis, and incomplete description of interventions. Originality/value It is the authors’ hope that this analysis provides caregivers, clinicians, and service providers with a scientific lens which will useful in viewing the limitations and methodological flaws of Kupferstein.

scholarly journals Konflik Antar Negara Berdasarkan Hukum Internasional

2019 ◽  
Vol 21 (1) ◽  
pp. 159-172
Author(s):  
Vera Yanti Artega ◽  
Adwani Adwani ◽  
Sanusi Bintang
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Peaceful Settlement ◽  
Cross Country ◽  
Inter State

Penelitian ini bertujuan untuk menjelaskan perlindungan hukum internasional terhadap negara yang disadap secara melawan hukum oleh negara lain dan menjelaskan metode penyelesaian sengketa yang dilakukan Indonesia dalam  menyelesaikan konflik antar negara akibat penyadapan yang dilakukan Australia terhadap Indonesia Tahun 2013. Penelitian ini menggunakan jenis metode penelitian hukum yuridis normatif. Hasil penelitian menunjukkan bahwa hukum internasional belum memberikan perlindungan yang cukup kepada negara yang disadap oleh negara lain. Adapun metode penyelesaian sengketa yang digunakan Indonesia dalam menyelesaikan kasus penyadapan dengan Australia adalah penyelesaian sengketa internasional secara damai melalui cara negosiasi. Oleh karena itu, peraturan mengenai penyadapan lintas negara harus segera dibentuk, sehingga perlindungan hukum terhadap negara yang disadap bisa dilakukan. Serta kedua negara harus membentuk code of conduct. Inter-State Conflict Under International Law International relation between two countries at some time could evoke problems which are caused by the cheating action of one party, such as interception resulting in conflict between them. This study aims to explain the protection of international law against countries that are illegally intercepted by other countries and explain the method of dispute settlement conducted by Indonesia in resolving inter-state conflicts resulting from Australian interception to Indonesia in 2013. This study uses a normative-juridical legal research method, by using legislation, case study , and conceptual approach with library data sources. The result shows that international law has not provided sufficient protection to countries intercepted or tapped by other countries. The method of dispute resolution used by Indonesia in solving wiretapping case with Australia is the peaceful settlement of international disputes through negotiation. Therefore, regulations concerning cross-country intercepting must be established immediately, thus legal protection of the tapped countries could be proceeded, and the two countries must establish a code of conduct.

scholarly journals Perlindungan Konsumen atas Metode Penawaran Negative Option di Indonesia

2019 ◽  
Vol 12 (2) ◽  
pp. 111
Author(s):  
Elizabeth Anastasia ◽  
Dwi Sekar Ningrum ◽  
William Marthianus ◽  
Willis Patrick Onggo
Keyword(s):  
United States ◽  
Service Provider ◽  
Service Providers ◽  
Legal Protection ◽  
The United States ◽  
Legal Research ◽  
Telecommunications Services ◽  
Financial Losses

Negative Option Method is a bidding method that requires confirmation from consumers in accepting or rejecting an offer. If the customer doesn’t provide confirmation, the business actor assumes that the consumer agrees and will be charged a fee for the offer given. The Negative Option method originating from the United States has actually developed in Indonesia, especially in the provision of telecommunications services. It is not uncommon for Telecommunications Service Providers in Indonesia to offer a particular feature that requires confirmation of rejection or cancellation from consumers via message, such as "unreg". If the consumer does not provide confirmation, the business actor will unilaterally assume that the Customer has accepted the offer, thus often resulting in the consumer experiencing financial losses due to the imposition of costs for goods and / or services without the consent of the consumer. This encourages the author to conduct legal research on consumer legal protection of the Negative Option bidding method using the normative juridical method. This legal research concludes that the Negative Option bidding method is contrary to the Minister of Communications Regulation Article 2 paragraph (3) and Article 4 paragraph (1) letter a which specifies that each Telecommunications Service Provider must obtain written and/or message approval from the Customer to activate a paid feature. If the Telecommunications Service Provider has not received approval from the Customer, then the paid feature must be stopped.

Sign in / Sign up

Export Citation Format

Share Document