Legal Protection of Flat Buyers Whose Land is Actually Being Secured with Hak Tanggungan

The study, entitled legal protection of flat buyers whose land is actually being secured with Hak Tanggungan, first aims to find out and analyze how disputes are resolved for flats buyers who experience law execution of their future apartment units because the land rights are secured. This is normative legal research that will explore the contents of statutory regulations. The results of this research are that several instruments exist as a unit in purchasing an apartment/flats, one of which is PPJB, the status of the buyer is as a buyer, not bezitter, eignar, or non-litigation channels with specific steps prioritize detentor, the dispute settlement mechanism according to the Agreement in the PPJB. Following statutory regulations, however, the buyer can still take the litigation route as a mechanism for settling the dispute, with compensation claims and suit for default based on the existing PPJB.Keywords: PPJB, Flat, Hak Tanggungan

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Exploring Aggressive Legalism: Is Now A Good Time to Promote This Approach in Greater Asia?

Asian Journal of Law and Economics ◽

10.1515/ajle-2014-0006 ◽

2015 ◽

Vol 6 (1) ◽

Author(s):

Yi Lu

Keyword(s):

Developing Countries ◽

International Trade ◽

Dispute Settlement ◽

Good Time ◽

Asian Countries ◽

Dispute Settlement Mechanism ◽

Wto Dispute Settlement ◽

The Status ◽

Settlement Mechanism ◽

Asian Developing Countries

AbstractAggressive legalism, a trade policy-making strategy targeted at actively utilizing WTO rules to defend trade interests, has greatly benefited major Eastern Asian countries in past years. This paper examines whether this strategy should be promoted around greater Asia in this era. First, this paper updates the status of adoption of aggressive legalism in East Asian countries including Japan, Korea and China. Second, it looks into the current and possible future utilization of the WTO Dispute Settlement Mechanism by selected countries which are frequent “targets” of trade remedy measures, namely India, Thailand and Indonesia. Finally, it discusses the participation of Asian developing countries in the WTO. Relying upon case studies and statistical analysis, the author finds that Asian countries’ rising image in international trade signals a trend of adopting aggressive legalism in Great Asia. This trend will undoubtedly promote the energetic development of international trade globally. However, room for more progressive participation in the WTO still exists, especially in developing countries.

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Legal Protection for Small and Medium-Sized Enterprises through Investor-State Dispute Settlement

10.1093/acprof:oso/9780198795650.003.0012 ◽

2017 ◽

Author(s):

Alexander Gebert

Keyword(s):

International Law ◽

Multinational Corporations ◽

Dispute Settlement ◽

Legal Protection ◽

Substantial Part ◽

Dispute Settlement Mechanism ◽

Long Duration ◽

Foreign Countries ◽

Investment Treaties ◽

Settlement Mechanism

The chapter illustrates the participation of small and medium-sized enterprises (SMEs) in the investor-state dispute settlement (ISDS) system, as well as obstacles from pursuing claims under investment treaties with corresponding solutions. SMEs are increasingly investing in foreign countries, and may be subject to state measures violating international law standards afforded under investment treaties. Investment treaties regularly also provide for ISDS as a means to enforce these standards by allowing foreign investors to commence arbitration proceedings against a state in a neutral forum. The chapter reveals that despite the perception as a dispute settlement mechanism accessible exclusively for large multinational corporations, in fact a substantial part of claimants in ISDS proceedings are SMEs. While it is true that high costs and the long duration of ISDS proceedings may be obstacles for SMEs, the flexibility of arbitration proceedings and the availability of external funding provide for opportunities to control time and costs.

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Analysis on the Integration Path of “One Belt And One Road” International Railway Transportation Rules

E3S Web of Conferences ◽

10.1051/e3sconf/202126103017 ◽

2021 ◽

Vol 261 ◽

pp. 03017

Author(s):

Ruiqi Guo ◽

Shuyin Zhang ◽

Zhuangzhi Zhang ◽

Kunmin Wang ◽

Yinghui Cai ◽

...

Keyword(s):

Dispute Settlement ◽

Freight Transport ◽

Railway Transport ◽

Railway Transportation ◽

Dispute Settlement Mechanism ◽

Logistics System ◽

Railway Freight ◽

The Status ◽

Settlement Mechanism ◽

Railway Freight Transport

With the rapid growth of Sino-European international trade and the ongoing development of “One Belt And One Road”, it can be predicted that the status of railway transportation in the international logistics system will be greatly enhanced, which urges us to further study the rules of international railway freight transportation. At present, the pattern of the rules system of international freight transport by railway is the two conventions of the international cargo association and the international cargo contract. In addition, the existing rules system of freight transport by railway in China also has some problems such as being too administrative, which needs to be reformed urgently. By comparing the contents of the two conventions of international railway freight transport and listing the possible conflicts in the substantive laws of various countries involved in the conventions, this paper designs a set of dispute settlement mechanism for “One Belt And One Road” railway transport, and puts forward some suggestions on the integration of the rules of “One Belt And One Road” international railway freight transport.

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The Strategic Use of International Investment Law in Colombia – Textiles: Navigating within the International Regime Complex for Development

The Law and Development Review ◽

10.1515/ldr-2018-0080 ◽

2020 ◽

Vol 13 (1) ◽

pp. 31-58

Author(s):

Rafael Tamayo-Álvarez

Keyword(s):

Dispute Settlement ◽

Legal Protection ◽

World Trade Organisation ◽

International Investment ◽

Dispute Settlement Mechanism ◽

International Investment Law ◽

Investment Treaty ◽

Wto Dispute Settlement ◽

Investment Law ◽

Settlement Mechanism

AbstractTrade-based money laundering (TBML) is a major concern in Colombia, where criminal organisations employ under-invoicing to conceal drug-trafficking proceeds. In response, Colombia imposed a compound tariff on certain Panamanian importations that were considered linked to this phenomenon. Alleging that the policy measure infringed Colombia’s tariff concessions, Panama activated the World Trade Organisation (WTO) dispute settlement mechanism. The dispute revolved around Article II:1 of the General Agreement on Tariff and Trade 1994. Colombia argued that this norm should be interpreted as to encompass licit trade only. Colombia looked for normative support in the investment treaty regime by establishing a parallel between undervalued imports and illegal investments. Therefore, just as investment treaty tribunals abstain from extending international legal protection to illegal investments, the WTO adjudicating bodies should not extend tariff concessions to importations linked to TBML activities. This article contends that by transplanting a more favourable doctrine of legality from the investment treaty regime to the multilateral trade regime, Colombia engaged in strategic regime shifting. Accordingly, drawing on regime complexes analysis, the article argues that by considering development a common issue-area, it is possible to articulate strategic connections between both regimes.

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Pengaturan Kewenangan Kementerian Agraria/Kepala Badan Pertanahan Nasional Dalam Mekanisme Penyelesaian Sengketa Hak Atas Tanah

Acta Comitas ◽

10.24843/ac.2018.v03.i02.p08 ◽

2018 ◽

Vol 3 (2) ◽

pp. 314

Author(s):

Maria Seraphine Kartika Dewi

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Dispute Settlement ◽

Land Rights ◽

Legal Basis ◽

Legal Research ◽

Law Enforcement Agencies ◽

Conceptual Approach ◽

Legal Relationship ◽

Settlement Mechanism

In the provisions of Article 11 paragraph (4) PERMEN Agraria 11/2016 hasn’t clearly set about disputes and conflicts that aren’t the authority of the ministry and become the authority of other agencies. Based on the obscure norm, the problem is formulated: (1) How’s the regulation’s scope of the Ministry of Agrarian in the settlement of land rights disputes in Article 11 paragraph (4) PERMEN Agraria 11/2016?? and (2) how’s the effect of obscure norms of Article 11 paragraph (4) on dispute settlement which isn’t the authority of the ministry?. Used normative legal research, with the approach of legislation and conceptual approach. Legal material sourced from primary, secondary and tertiary law materials. Legal material is collected by snowball system techniques and analyzing legal materials using descriptive techniques and interpretation techniques. The results of this research: (1) Disputes and conflicts that aren’t the authority of ministries are disputes and conflicts already in the realm of criminal law and other institutions which is meant by the judiciary, the Indonesian police, the judiciary of Indonesia, and the law enforcement agencies that relevant; and (2) due to the obscure norms of Article 11 paragraph (4) there’ll be a change of legal relationship, so the legal basis of the settlement mechanism isn’t based on this rule, but the Penal Code.

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Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran

Jurnal Konstruksi Hukum ◽

10.22225/jkh.1.1.2149.157-163 ◽

2020 ◽

Vol 1 (1) ◽

pp. 157-163

Author(s):

I Gede Wardana Oka Sastra Wiguna ◽

I Nyoman Putu Budiartha ◽

I Putu Gede Seputra

Keyword(s):

Land Use ◽

Research Methods ◽

Legal Protection ◽

Land Rights ◽

Legal Research ◽

Mixed Marriages ◽

The Status ◽

The Times ◽

Ownership Of Land ◽

Land Use Rights

The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.

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