scholarly journals IMPLEMENTATION OF LAND LEASE AGREEMENT MANAGED BY PT. INDONESIAN RAILWAYS IN THE OPERATING AREA 4 SEMARANG

2021 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Evira Damayanti

The right to control from the state over land originates from the right of the Indonesian nation to land, which in essence is an assignment to carry out the duties of the nation's authority which contain elements of public law. PT. Kereta Api Indonesia (Persero) may diversify its business by utilizing its land in collaboration with third parties to support its main business. The purpose of this research is to determine the implementation procedure, the form of land lease agreements to the settlement of land lease defaults managed by PT. Kereta Api Indonesia (Persero) Operation Area 4 Semarang. This research is a sociological juridical research. The results of this research indicate that the implementation of the land lease agreement managed by PT. Kereta Api Indonesia (Persero) is carried out by submitting an application to the Executive Vice President of Daop 4 Semarang. If the contents of the contract have been agreed upon by both parties, the contract is made in 2 (two) copies and signed by both parties on a stamp duty. The form and content of the lease agreement is standard in nature, the contents of which are an agreement of two or more parties or a reciprocal standard agreement. Efforts made by PT. Kereta Api Indonesia (Persero) if there is default, but the contract period has expired and does not make an extension if 2 (two) months before the due date the tenant has not made an application letter for contract extension, the Asset Management Manager makes a notification letter to the tenant that the contract will end and concerned in order to complete the contract extension process.

1828 ◽  
Vol 118 ◽  
pp. 113-151 ◽  

The following nebulæ and clusters of stars in the southern hemisphere were observed by me at my house in Paramatta, situated about 6″ of a degree south and about I 8 .78 of time east of the Brisbane Observatory. The observations were made in the open air, with an excellent 9-feet reflecting telescope, the clear aperture of the large mirror being nine inches. This telescope was occasionally fitted up as a meridian telescope, with a strong iron axis firmly attached to the lower side of the tube nearly opposite the cell of the large mirror, and the ends of the axis rested in brass Y’s, which were screwed to blocks of wood let into the ground about 18 inches, and projecting about 4 inches above the ground; one end of the axis carried a brass semicircle divided into half degrees and read off by a vernier to minutes. The position and index error of the instrument were ascertained by the passage of known stars. The eye end of the telescope was raised or lowered by a cord over a pulley attached to a strong wooden post let into the ground about two feet: with this apparatus I have observed a sweep of eight or ten degrees in breadth with very little deviation of the instrument from the plane of the meridian, and the tremor was very little even with a considerable magnifying power. I made drawings or representations of a great number of the nebulæ and clusters at the time of observation, several of which are annexed to this paper; and also very correct drawings of the Nebulæ major and minor, together with a representation of the milky nebulosity surrounding the star η Robur Caroli. The places of the small stars in the Nebulæ major and minor, and also those accompanying the η Robur Caroli, I ascertained by the mural circle in the year 1825, at which time I was preparing to commence a general survey of the southern hemisphere. These stars being laid down upon the chart, enabled me to delineate the nebulosity very accurately. The nebulæ are arranged in the order of their south polar distances to the nearest minute for 1827, and in zones for each degree in the order of their right ascension. The column on the right hand shows the number of times the object has been observed.


2019 ◽  
Vol 25 (2) ◽  
pp. 197-201
Author(s):  
Tudor-Vlad Sfârlog

Abstract The present study offers the doctrine of the right of intellectual creation new perspectives on the study of the institution of termination of the assignment contract for the patrimonial rights resulting from the intellectual creation. We believe that the present study is rich in doctrinal contributions, formulating new theses and opening the prospect for new perspectives of scientific research. Last but not least, we appreciate that the proposals made in the present study contribute not only to the activity of opinionated in the field, but also to the work of practitioners and direct beneficiaries of the legal provisions on the assignment of patrimonial rights of authors.


2009 ◽  
Vol 160 (8) ◽  
pp. 228-231
Author(s):  
Hansruedi Walther

A forest owner can only commercialize non-wood products and services within a tightly restricted market niche. On account of free access being permitted to the forest it is impossible to deny to third parties the consumption of many non-wood products and services: everybody has the right to be in the forest for recreation. As a result many non-wood services cannot be commercialized by the forest owner, or not exclusively. What would seem unthinkable elsewhere on private property seems to be taken for granted in the forest: third parties may take products from the forest and even sell them without being the forest owners. For certain nonwood services or products, such as the installation of rope parks or for burial in the forest, the organizer must conclude an agreement with the forest owner or draw up a contract for servitude or benefit. In addition, for these activities a permit from the Forestry Department is necessary. On the other hand, for an itinerant school class or for the production of forest honey neither a binding regulation with the forest owner nor a permit from the Forestry service is necessary, provided that no constructions are erected in the forest. The only exclusive right which remains to the forest owner, besides the sale of his property, is the exploitation of his trees within the legal framework.


Author(s):  
Ly Tayseng

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.


Author(s):  
Gisela Hirschmann

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.


Author(s):  
Dario Zapata Posada ◽  
Jaime Hernan Aristizabal Ceballos

The effects of changes in land use and the effects of climate change have led to an increase in the morphodynamic processes that affect rights-of-way in Colombia. However, in view of the fact that these rights-of-way are considered to be the best possible routes in some areas in which the geological and geotechnical components are fairly complex, specialists are facing the challenge of establishing different perspectives for coexisting with the geohazards in these areas. This paper describes the analytical methodology implemented within Ecopetrol’s Office of the Vice President for Transportation and Logistics (VIT-Ecopetrol), in order to take this reality into account within the framework of proper asset management.


1996 ◽  
Vol 3 (1) ◽  
pp. 49-74
Author(s):  
Alan Meisel

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.


2021 ◽  
pp. 1-41
Author(s):  
Donato VESE

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).


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