scholarly journals Pelaksanaan Perancangan Kontrak dalam Pembuatan Struktur Kontrak Bisnis

Acta Comitas ◽  
2019 ◽  
Vol 3 (3) ◽  
pp. 495
Author(s):  
I Gst. Agung Rio Diputra
Keyword(s):  
Research Result ◽  
Legal Research ◽  
Basic Principles ◽  
Legal Norms ◽  
Doing Business ◽  
Business Contract ◽  
The Subject ◽  
Precision And Accuracy ◽  
Contract Signing ◽  
Business Structure

In business activities in Indonesia, the contract is a basic framework that is used as a frame of relations for economic actors. Contract may give rise to rights and obligations for the parties to make the contract. Thus the contract is very important in doing business in Indonesia. This condition serves as background of this research in frame of disclosing (1) How the stages to design business contract?; and (2) How to create a contract business structure? The research usesa type of normative legal research with a conceptual and legal approach. Analysis of legal materials collected in this research performed by a descriptive, interpretative, evaluative and argumentative analysis. The research result indicated (1) The stages to design contract onsisting of pre-contract stage, contract signing phase and post-contract stage. In the making of an agreement or contract, the parties to observe some very basic principles in the making of such contract. The principles are to understand the terms of the validity of an agreement, and the principles and elements of an agreement; (2) In designing good and correct contracting of business contracts, it is necessary precision and accuracy of the parties making an agreement or contract. In addition must meet procedural requirements that meet subjective and objective requirements. A good contract must be clear and detailed, concerning the subject, its object and the obligations of the parties and the sanctions imposed on the parties, as well as the clarity of procedures and procedures for the implementation of sanctions, and not contrary to all legal norms relating to the contract. In addition, additional requirements which contain safety clauses for the interest of the parties are also required. Dalam kegiatan bisnis di Indonesia, kontrak merupakan kerangka dasar yang digunakan sebagai bingkai dari hubungan bagi para pelaku ekonomi. Kontrak dapat menimbulkan hak dan kewajiban bagi para pihak yang membuat kontrak tersebut. Dengan demikian kontrak sangat berperan penting dalam berbisnis di Indonesia. Kondisi ini melatarbelakangi penelitian ini dalam rangka mengetahui (1) Bagaimana tahapan perancangan kontrak bisnis? dan (2) Bagaimana pembuatan struktur kontrak bisnis?. Penelitian ini mempergunakan jenis penelitian hokum normatif dengan pendekatan konsep dan undang-undang. Analisis bahan hokum dilakukan secara deskriptif, interpretatif, evaluatif dan argumentatif analisis. Hasil penelitian menunjukkan (1) Tahapan perancangan kontrak terdiri dari tahap prakontrak, tahap penandatangan kontrak dan tahap pasca kontrak. Pihak-pihak yang mrlakukan suatu perjanjian harus melihat prinsip yang menjadi dasar pada kontrak yang dibuat. Prinsip yang dimaksud seperti paham akan unsur dari perjanjian, asas dari perjanjian serta syarat sahnya suatu perjanjian; (2) Perlu cermat dan teliti oleh pihak-pihak yang melakukan suatu kontrak/perjanjian dalam merancang pembuatan struktur kontrak bisnis yang baik dan benar. Selain itu harus memenuhi syarat prosedural yaitu memenuhi syarat subjektif dan objektif. Sebuah kontrak yang baik harus jelas dan terperinci, menyangkut subjeknya, objeknya serta kewajiban para pihak beserta sanksi yang dibebankan terhadap para pihak, serta kejelasan cara dan prosedur pelaksanaan sanksi, serta tidak bertentangan dengan seluruh norma hukum yang terkait dengan kontrak. Selain itu diperlukan juga persyaratan tambahan yang berisi klausul pengaman untuk kepentingan para pihak.

scholarly journals PENGATURAN PERKAWINAN PADA GELAHANG DALAM AWIG-AWIG DESA PAKRAMAN

2015 ◽  
Vol 4 (3) ◽  
Author(s):  
I Ketut Sudantra ◽  
Ni Nyoman Sukerti ◽  
A.A. Istri Ari Atu Dewi
Keyword(s):  
Family Law ◽  
Research Result ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Research ◽  
Legal Norms ◽  
Matrimonial Law

This article was written based by result of normative legal research about the regulation of padagelahang marriage on customary law that created by customary law society of desa pakraman inBali. That research was aimed to identify legal norms in awig-awig desa pakraman that regulateabout pada gelahang marriage.From that research’s result, it was known that aspect of matrimonial law has been regulated inawig-awig, whic is on certain chapter that regulate family law. That chapter titled Sukerta TataPawongan, that regulate the legal aspects about marriage, divorce, lineage, and inheritance.Although, the research result aslo shown that on nine awig-awig desa pakraman researched, onlyone that regulate about pada gelahang marriage, which is Awig-Wig Desa Pakraman Gadungan(Tabanan). The regulation is rather ambigious, only regulate about recognition of pada gelahangmarriage existance, without any further regulation about requirements, procedure or it’s legalconsequences.

scholarly journals Conclusion of business contracts in the field of electronic commerce

2021 ◽  
Author(s):  
Artur Pohorilenko
Keyword(s):  
Electronic Commerce ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Electronic Documents ◽  
Traditional Form ◽  
Contractual Relationship ◽  
Doing Business ◽  
Business Contract ◽  
Relevant Field ◽  
The Subject

The epidemic caused by the SARS-CoV-2 virus (COVID-19) has necessitated the search for new formats of doing business. Companies that have taken the initiative and taken advantage of e-commerce have been able to achieve significant success. This article is devoted to a comprehensive analysis of the legislation of Ukraine on the subject of legal regulation of requirements for the form, content and procedure for concluding a business agreement in the relevant field. The main requirements related to the specifics of the implementation of contractual relations in this area are primarily related to the circulation of electronic documents, as well as the need to certify the integrity of the data transmitted by them. As a result of the study, it was found that the basic requirements for concluding a business contract in the traditional form remain relevant in the field of e-commerce. At the same time, the legislation over-regulates some aspects of the contractual relationship, leaving the parties little freedom to choose modern means of communication.

TINJAUAN YURIDIS KAVLING SIAP BANGUN DI KOTA BATAM

2018 ◽  
Vol 6 (2) ◽  
pp. 110
Author(s):  
Padrisan Jamba, Irene Svinarky
Keyword(s):  
Research Method ◽  
Research Result ◽  
Secondary Data ◽  
Scientific Work ◽  
Land Ownership ◽  
Legal Research ◽  
Community Needs ◽  
The People ◽  
Scientific Analysis ◽  
Administrative Procedures

Batam City, which is one of the cities whose rules are slightly different from other cities inIndonesia, is about administrative procedures for land ownership registration, but for permits toallocate land, it is still held by the Batam Entrepreneurs Agency, abbreviated as BP Batam. InBatam City, the provision of KSB is actually given to residents due to various things. To get KSBthe community needs to fulfill the procedure first. This is what makes the writer interested intaking the title of Juridical Review of Ready-to-Build Courts in Batam City. The purpose of thispaper is to find out that the Ready-to-Build plot can be owned by land users (general public) inBatam City. The legal research method used in this study is normative legal research. Normativeresearch in it is also permitted to use scientific analysis of other sciences (including empiricalscience) to explain the legal facts examined by scientific work and juridical thinking (dankenjuridical). Retrieval Data used is by using secondary data, where documentation and recordingtechniques are through the file system. The Research Result for Ready-to-Build Plots in BatamCity may be owned by individuals, but the provision of KSB can be given to the community.People who get it while the people who get the plot still have not built a plot even though theprovisions in the temporary agreement agreed upon by the applicant with the BatamEntrepreneurial Agency the applicant must immediately build a building on the land.

Determinants of Abuse of the Bodies of the Dead

2019 ◽  
pp. 71-77
Author(s):  
Margarita Khomyakova
Keyword(s):  
Low Income ◽  
Criminal Code ◽  
Value Judgments ◽  
Legal Norms ◽  
Low Level ◽  
Medical Institutions ◽  
Specific Object ◽  
The Subject ◽  
The Dead ◽  
High Level

The author analyzes definitions of the concepts of determinants of crime given by various scientists and offers her definition. In this study, determinants of crime are understood as a set of its causes, the circumstances that contribute committing them, as well as the dynamics of crime. It is noted that the Russian legislator in Article 244 of the Criminal Code defines the object of this criminal assault as public morality. Despite the use of evaluative concepts both in the disposition of this norm and in determining the specific object of a given crime, the position of criminologists is unequivocal: crimes of this kind are immoral and are in irreconcilable conflict with generally accepted moral and legal norms. In the paper, some views are considered with regard to making value judgments which could hardly apply to legal norms. According to the author, the reasons for abuse of the bodies of the dead include economic problems of the subject of a crime, a low level of culture and legal awareness; this list is not exhaustive. The main circumstances that contribute committing abuse of the bodies of the dead and their burial places are the following: low income and unemployment, low level of criminological prevention, poor maintenance and protection of medical institutions and cemeteries due to underperformance of state and municipal bodies. The list of circumstances is also open-ended. Due to some factors, including a high level of latency, it is not possible to reflect the dynamics of such crimes objectively. At the same time, identification of the determinants of abuse of the bodies of the dead will reduce the number of such crimes.

HUBUNGAN ANTARA JIWA WIRAUSAHA MAHASISWA DENGAN MOTIVASI, LINGKUNGAN KELUARGA DAN PENDIDIKAN PADA POLITEKNIK LP3I JAKARTA KAMPUS BEKASI

2018 ◽  
Vol 6 (2) ◽  
pp. 14
Author(s):  
Darmawan Darmawan ◽  
Jajang Setiawan
Keyword(s):  
Key Words ◽  
Family Background ◽  
Research Result ◽  
Education Institution ◽  
Education Level ◽  
Study Program ◽  
Economic Level ◽  
The Subject ◽  
Set Up

<p align="center"><strong>ABSTRACT</strong><strong></strong></p><p align="center"><strong> </strong></p><p align="justify"><em>Today, the growth of economic level begins to rise again that is generated by the increase of   different kind of product and different kind of businesses that are offered by both individual businesses that are done easly independently. To deal with all of business trends, the education institution has to prepare the students to be able to set up a business idenpendedntly through the subject of entrepeuneurship.  As it is regulated in Vision and Mision of study program and is also regulated in the curriculum of lectures. </em><em></em></p><p align="justify"><em>This research is aimed at to find out the correlation between the spirit of entrepeunership and motivation , Family background, and education level. Based on the research result, the finding showed that the spirit of entrepeneurship correlated with the motivation and family background. Based on the finding, it was also found that education level did not correlate with that the spirit of entrepeneurship. In regard with the findings, it is important to develop more the motivation of students to touch up the sperit of entrepenuership. </em><em></em></p><p align="justify"> </p><p><em>Key words: Entrepenuer, Students, Entrepeuneurship. </em></p>

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

THE ROLE OF ACCOUNTING AND CONTROL IN THE MANAGEMENT OF ECONOMIC SECURITY OF AN ORGANIZATION

2021 ◽  
Vol 7 (2) ◽  
pp. 165-178
Author(s):  
Nicolay T. Labyntsev ◽  
Lyubov F. SHILOVA ◽  
Ocsana V. Chukhrova
Keyword(s):  
Economic Security ◽  
Accounting Profession ◽  
Economic Management ◽  
Economic Interests ◽  
Doing Business ◽  
The Subject ◽  
The Stability ◽  
High Level ◽  
And Control

This article revises the mission and the name of the accounting profession in the context of strengthening the economic security of enterprises under the conditions of digitalization of the economy. The authors note that in the contemporary conditions of economic management, enterprises should form and ensure the functioning of the economic security of the enterprise at the proper level. The necessity of in-depth research of economic security at microlevel was considered, the factors influencing the stability of the enterprise were highlighted. High level of economic security of the subject of management consists in guaranteeing him maximum effective and stable functioning now and in future. Subjects of economic security were individual enterprises, and objects — their economic interests. The main goals of ensuring economic security of the enterprise in the part of accounting were singled out, the tasks of accounting policy, aimed at ensuring economic security, were determined. The prospects of the accounting profession in the process of ensuring economic security and reliable safe presentation of the results of doing business in reporting are substantiated. The study contains proposals on the revision of requirements for the qualifications of accountants in order to emphasize their activities aimed at strengthening the economic security of the enterprise.

main principles and directions of socio-cultural re-socialization of foreign students

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 327-335
Author(s):  
Hoshang Farhad Abdullah
Keyword(s):  
Foreign Students ◽  
Social Space ◽  
Internal State ◽  
Social Adaptation ◽  
Host Society ◽  
Small Cities ◽  
Institutional Practices ◽  
Basic Principles ◽  
The Social ◽  
The Subject

The purpose of the article is to investigate the basic principles and directions of socio-cultural re-socialization of foreign students. The subject of the research is the institutional practices of re-socialization of foreign students in the conditions of a megalopolis (on the example of Moscow). The results of the work are that the author has studied the basic principles and directions of socio-cultural re-socialization of foreign students, they include 2 components, one of which provides the necessary conditioning of the internal state of a person for entering the host society, and the second-actually entering society through following certain trajectories in the social space. Thus, Russian megacities as places of subsequent social adaptation of foreign students are full of more opportunities for successful re-socialization of a criminal than small cities, but they are not without risks.

The Prosecutor in Arbitration: A Historical Perspective

2021 ◽  
Author(s):  
E.V. Kolesnikov ◽  
Keyword(s):  
Economic Activity ◽  
Present Stage ◽  
Society Business ◽  
Economic Relations ◽  
Legal Norms ◽  
Stage Of Development ◽  
Legitimate Interests ◽  
The Subject ◽  
Business Entities ◽  
Degree Of Participation

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

Illegal migration as an encroachment on the sovereignty and security of the state

2021 ◽  
pp. 341-352
Author(s):  
Sergey D. Grinko
Keyword(s):  
International Law ◽  
Organized Crime ◽  
Drug Trafficking ◽  
Tax Evasion ◽  
Illegal Migration ◽  
Legal Norms ◽  
World Community ◽  
Large Length ◽  
The Subject ◽  
Entire World

We consider the issues of correlation between the international law of citizens of different states to travel and national legislation restricting illegal migration, which are the subject of interstate agreements. The issue of combating organized illegal migration for Russia is urgent, since the dynam-ics of this crime indicates an increase in the registration of such crimes and the identified persons who committed them. This is due to the large length of Russian borders and integration with foreign states, which entails an increase in the penetration of foreign citizens into the territory of our country. Illegal migration leads to an increase in ethnic organized crime and related smug-gling, drug trafficking, tax evasion and extortion. The fight against this criminal phenomenon is relevant for the entire world community. States seek to protect their citizens, but at the same time are obliged to comply with in-ternational legal norms on the issue under consideration. This activity of states should be carried out in accordance with the principles of respect for human rights and freedoms. We analyze international and Russian legisla-tion, damage caused by illegal migration, and propose measures to prevent crime related to illegal migration.

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