scholarly journals Alignment of Outsourcing Agreement on Protection Law and Justice

2017 ◽  
Vol 1 (1) ◽  
pp. 23
Author(s):  
Niru Anita Sinaga ◽  
Basuki Rekso Wibowo ◽  
Sri Gambir Melati Hatta ◽  
Fauzie Yusuf Hasibuan
Keyword(s):  
Bargaining Power ◽  
Labor Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Comparative Law ◽  
Contract Law ◽  
Freedom Of Contract ◽  
Employment Agreement ◽  
Pros And Cons ◽  
Law And Justice

<p align="justify">One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis show that the employment agreement outsourcing based on the principle of freedom of contract and the principle of the deal. Each of these parties do not have equal bargaining power, so it does not provide legal protection for workers/laborers. Preparation and implementation of the outsourcing agreement is based on the alignment of the entire principle or principles that exist in the law of contract, is a unity, without prioritizing or separating principle that one with the other principles and serve as the frame of the treaty.</p>

Development of European Contract Law

2017 ◽  
Author(s):  
Hein Kötz
Keyword(s):  
Consumer Protection ◽  
Comparative Law ◽  
Contract Law ◽  
European Countries ◽  
Private Law ◽  
European Contract ◽  
Freedom Of Contract ◽  
European Code ◽  
Pros And Cons ◽  
European Contract Law

This chapter examines the historical, economic, and political reasons which have led to the idea of ‘Europeanising’ private law, academic literature, and legal teaching in European countries in pursuit of the eventual creation of European private law. After discussing the functions of comparative law and the different ways in which it could contribute towards setting up a unified European private law, the chapter considers the link between economic order and contract law as well as the adoption of the principle of freedom of contract by all European legal orders. It also discusses the pros and cons of a ‘European Code of Contract Law’ that would harmonise or unify not only the rules on consumer protection but also the non-mandatory ‘dispositive’ contract law.

1. Introduction to the study of contract law

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Bargaining Power ◽  
Case Law ◽  
Contract Law ◽  
Freedom Of Contract ◽  
The Everyday ◽  
The Impact ◽  
The Eu

This chapter introduces some of the key ideas that will be encountered in the rest of the book, such as what is required for a contract. It touches upon the everyday role of contract, and that, although the book is heavily concerned with case law, contract disputes are often resolved without resort to the courts. It also introduces the idea of the evolution of contract law with the changing nature of society: the limitations placed on the use of an idea, such as ‘freedom of contract’, through recognition of the impact of inequality of bargaining power. Additionally, it alerts the reader to the impact of the EU.

scholarly journals PERUBAHAN STATUS HUBUNGAN KERJA PEKERJA PERUSAHAAN PENYEDIA JASA PEKERJA DALAM HUKUM KETENAGAKERJAAN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Miftakhul Huda
Keyword(s):  
Employment Status ◽  
Service Providers ◽  
Labor Law ◽  
Legal Protection ◽  
Employment Law ◽  
Basic Principles ◽  
Employment Agreement ◽  
Labor Service ◽  
Work Relationship ◽  
The Government

Regulation of service providers working in employment law is always opposed to thenorms and principles of law. The existence of labor service company that can not beseparated in the dynamics of development in the Indonesian labor force of restrictionsare clear and precise in the formulation of legislation. Changes in employment status asone of the forms of legal protection of workers' labor service provider is one of therestrictions set by the Government through Act No. 13 of 2003 on Labour in particularlabor relations agreements. Given the setting in Employment Act can not be separatedfrom the basic principles of the agreement, then the restriction that there must still bebased on the basic principles. Protection laws enacted by not considering the basicprinciples of the law will only make the problem more complex labor and potentiallycreates new problems.Keyword :Labor law, work relationship, employment agreement

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEKERJA BERSTATUS PERJANJIAN KERJA WAKTU TERTENTU (PKWT) MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Solusi ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 23-31
Author(s):  
Asuan Asuan
Keyword(s):  
Social Security ◽  
Legal Protection ◽  
Secondary Data ◽  
Minimum Wages ◽  
Child Care Workers ◽  
Legal Principles ◽  
Employment Agreement ◽  
Care Workers ◽  
Time Work ◽  
The Right

This study is a normative juridical approach with an approach to problems that see in terms of applicable laws and regulations, especially regarding labor law / labor. This study uses secondary data with the preparation of a conceptual framework, to obtain legal materials in the form of theories, concepts and legal principles obtained from the literature, among others, books, documents, articles, and other literature. Legislation, namely Law No. 13 of 2003 concerning Labor, the Civil Code and other legal regulations relating to problems. The results of the discussion, namely the protection of workers with an inter-time employment agreement (PKWT) according to Law Number 13 of 2003 concerning Employment, namely: Protection of work hours namely 7 (seven) hours in 1 (one) day and 40 hours 1 (one) week for 6 (six) working days in 1 (one) week; or 8 (eight) hours in 1 (one) day and 40 hours 1 (one) week for 5 (five) working days in 1 (one) week. (Article 77 paragraph 1); Protection against wages, namely provincial minimum wages and district / city minimum wages (Article 88 paragraph (3) letter a); protection of welfare, that is workers / laborers and their families have the right to obtain social security workers. and includes family planning services, child care, workers' housing, worship facilities, sports facilities, canteen, health, recreation and the establishment of cooperative facilities, of course the provision of these facilities is carried out with the company's ability (Article 99 paragraph 1 and 100 verses 1 and 2) , and Protection of Social Security, namely the Social Security Program includes collateral for death, work accident insurance, old age guarantee and health care guarantee (article 99). The constraints in legal protection of workers in certain time work agreements (PKWT) are related to regulations, relating to work agreements and related to supervision

scholarly journals PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM PERJANJIAN BAKU JUAL BELI PERUMAHAN DENGAN PIHAK PENGEMBANG DI BALI

Acta Comitas ◽  
2016 ◽  
Author(s):  
A.A Gde Agung Brahmanta ◽  
Ibrahim. R ◽  
I Made Sarjana
Keyword(s):  
Consumer Protection ◽  
Bargaining Power ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Standard Contract ◽  
Consumer Protection Act ◽  
Real Estate Developer ◽  
The Status ◽  
Data Source

The rapid population growth makes the need for homes also increase. There are many emerging developer companies that offer home that could be obtained on credit. Real Estate Developer parties usually make an agreement with consumers in the form of standard contract, so that the consumers here have no bargaining power but to accept what is specified by the developer. This causes consumer to have less legal protection as opposed to what is contained in the provisions of Law No. 8 of 1999 concerning Consumer Protection. The problem faced is how the position of the buyers as consumers in the purchase of standard agreement of housing, as well as how the legal protection that can be provided to the consumer in the standard housing sale and purchase agreement with developers in Bali. This research is empirical legal research whose objects of study are the terms and provisions regarding the enforcement or implementation of normative law (codification, law or contract) is in action / in abstracto on any legal events that occur in the community (in concreto). The data source used in this study is primary data and secondary data. The results of this study indicate that the Status of the buyer as a consumer in the standard housing sale and purchase agreement has a weaker position compared to the business party (developer), this is because the purchase agreement offered by the business is made in the standard contract format so that consumers do not have bargaining power over what is contained in the clauses of the home purchase agreement. Legal protection that can be provided to the consumer in standard housing sale and purchase agreement with developers in Bali, namely if in the field there is a breach of the provisions set out in the Consumer Protection Act, a developer as the party carrying out the business can legally be sued by consumers as parties who feel aggrieved, then other measures are that a developer must also adjust the standard clause in the purchase and sale agreement that it offers is still at odds with this Law.

scholarly journals Pengaturan Pemutusan Hubungan Kerja (Phk) di Indonesia dan Singapura

2020 ◽  
Vol 4 (2) ◽  
pp. 40-50
Author(s):  
Haikal Sudjudiman ◽  
Fatma Ulfatun Najicha
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Comparative Law ◽  
Literature Study ◽  
Legal Research ◽  
Advantages And Disadvantages ◽  
Secondary Data Source ◽  
Data Source ◽  
Study Techniques

As a rule of law, Indonesia is required to provide legal protection to all its citizens, including employers and workers. Legal protection for workers to ensure the basic rights of workers to create workers' welfare, including termination of employment. However, in practice, there are still cases of rights in terms of termination of employment. This journal will describe clearly the equality and guarantee of legal protection for workers' rights in cases of termination of employment in Indonesia and Singapore so that we can benefit from the legal protection offered by Singapore. This research is a juridical normative legal research using the comparative law method. Therefore, the data source used is a secondary data source collected by literature study techniques. After the data is collected, the data is processed and analyzed using descriptive qualitative analytic methods, meaning that the data is grouped according to the aspects studied and then drawn from the conclusions and described descriptively. Based on the research results, it is found that the legal protection of the rights of daily workers in Indonesia and Singapore has its own advantages and disadvantages.

Empowering Authors via Fairer Copyright Contract Law

2019 ◽  
Vol 42 (2) ◽  
Author(s):  
Rita Matulionyte
Keyword(s):  
Collective Bargaining ◽  
Bargaining Power ◽  
Empirical Studies ◽  
Contract Law ◽  
Copyright Law ◽  
Prediction Problem ◽  
Freedom Of Contract ◽  
General Contract Law

The remuneration of Australian authors has been decreasing over the last few decades, partly due to unfair contracts between authors and publishers. At the same time, Australian copyright law appears to do nothing to address the problem. The freedom of contract doctrine that still prevails in Australian copyright contract law is not able to tackle the problem of unfair distribution of revenues effectively, and its shortcomings are not well addressed by either general contract law doctrines or collective bargaining in the publishing sector. This article argues that Australia should consider addressing the problem by introducing certain rights inalienability restrictions in copyright law that are available in a number of jurisdictions overseas. The article discusses the rationales of introducing such provisions under Australian copyright law, such as unequal bargaining power, the prediction problem, fairness and utilitarian approaches. It counters the arguments that alienability restrictions are ineffective, and refers to the most recent empirical studies that show the ability of some alienability provisions to increase author remuneration.

scholarly journals Removal of Public Officers from Office: Law and Justice in a Flux

2013 ◽  
Vol 5 (1) ◽  
pp. 89-97
Author(s):  
KO Fayokun
Keyword(s):  
Judicial Review ◽  
Public Management ◽  
Bargaining Power ◽  
Case Law ◽  
The State ◽  
Freedom Of Contract ◽  
Procedural Law ◽  
Changing Trends ◽  
Law And Justice ◽  
The One

This paper examined the state of the law on removal of public officers from office. It observed that there are competing interests of labour and industry to be served by the rules on disengagement from public office. Workers need security of employment while industries need discipline and efficiency to survive. The courts have striven with changing trends in ensuring balance and justice for both the workers and the industries. The author’s appraisal of case law puts in view the state of both substantive and procedural law on the discipline of public officers as expounded by judges in the exercise of their power of judicial review. On the one hand is the attempt to maintain freedom of contract, which assumes the equal bargaining power of the parties. On the other hand is the need to give effect to statutory provisions which secure the tenure of public officers above that of the ordinary employee through legislation. The paper concluded that the divergent interests are not necessarily in conflict; they can be reconciled and adjusted to be mutually complementary.Keywords · Public officers · Discipline · Public management

scholarly journals JURIDICAL ANALYSIS OF DISCLAIMER CLAIMS BY ENTREPRENEURS ON ONLINE TRADING (E-COMMERCE)

2020 ◽  
Vol 1 (1) ◽  
pp. 43
Author(s):  
Heni Pratiwi
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Civil Code ◽  
Freedom Of Association ◽  
Freedom Of Contract ◽  
Electronic Transactions ◽  
The Status ◽  
Online Trading ◽  
Legal Consequence ◽  
The Law

Disclaimer or exemption clause is a clause or statement used by business actors to restrict or transfer the liability on the rights and obligations of an agreement and legal action. The inclusion of this disclaimer seems to be a freedom for business actors to freely transfer their liabilities which aims to provide protection for them selves, while consumers are being disadvantaged because they cannot file claims or hold accountability in case a default occurs. Therefore, the ease on transferring these liabilities as outlined in the form of a disclaimer is considered a violation of the principle of freedom of contract. This study is a normative research with approach carried out through library study with materials related to the problems of examination. The data sources consisted of primary and secondary data. The collected data were analyzed qualitatively.The results of the study showed that: a). The status of the disclaimer according to the law of agreement was declared null and void because it did not fulfill the objective conditions contained in Article 1320 of the Civil Code, namely legal reasons, containing provisions that contravened the law and violation of the principle of freedom of association. b). The validity of electronic transactions viewed from Article 1320 of the Civil Code was only valid if it fulfilled the four valid conditions of the agreement, both subjective and objective conditions. If these subjective conditions are not met, then as a legal consequence the e-commerce sale and purchase contract would be canceled, and if the objective conditions are not met, the contract would be made null and void, c). The form of legal protection for consumers against the first disclaimer/exemption clause, through preventive protection, UUPK (the Consumers Protection Act) has designed a preventive provision by regulating prohibitions for business actors to include disclaimer clause and it is required to adjust the contents of the disclaimer clause regulated in Chapter V Article 18 of UUPK. Second, through repressive protection which aims to resolve disputes in order to protect consumers. The consumers can resolve the dispute through lawsuit (litigation) and without the intervention of the court (non litigation).

scholarly journals KEDUDUKAN DAN KEKUATAN HUKUM MeMoranduM of understanding (Mou) SEBAGAI TAHAP PRAKONTRAK (KAJIAN DARI SISI HUKUM PERIKATAN)

2020 ◽  
Vol 8 (2) ◽  
pp. 173
Author(s):  
Devi Setiyaningsih ◽  
Ambar Budhisulistyawati
Keyword(s):  
Open System ◽  
Secondary Data ◽  
Contract Law ◽  
Civil Code ◽  
Normative Approach ◽  
Freedom Of Contract ◽  
Binding Force ◽  
The Law ◽  
Binding Power ◽  
Laws And Regulations

abstract<br />This article aimed to find out the MoU regulation according to Indonesian Law and the binding power of  MoU according to the law contract. This research employed juridical normative approach, emphasizing on literature to obtain secondary data from primary, secondary, and tertiary law materials. The results of the research that special arrangements regarding the MoU are not found in various laws and regulations in indonesia. The basis for the entry into force of the MoU in Indonesia is based on the principle of freedom of contract, as stipulated in Article 1338 of the Civil Code. In addition, it is also subject to the provisions concerning the contract in the Civil Code which basically adheres to an open system, which means that each person is free to enter into an agreement, both which has been regulated in the Law and which has not been regulated in the Law.<br />Keyword: Position; Binding force; Memorandum of Understanding; Contract Law<br /><br />Abstrak<br />Artikel ini ditulis dengan tujuan untuk mengetahui bagaimana pengaturan Memorandum of Understanding  (MoU) menurut hukum di Indonesia serta kekuatan mengikat MoU menurut hukum perikatan. Penelitian ini menggunakan pendekatan yuridis normatif yaitu menitikberatkan pada sumber kepustakaan untuk memperoleh data sekunder dari bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier. Hasil penelitian menunjukkan bahwa pengaturan khusus mengenai MoU tidak ditemukan di dalam berbagai peraturan perundang-undangan di Indonesia. Adapun dasar berlakunya MoU di Indonesia adalah didasarkan pada asas kebebasan berkontrak, sebagaimana diatur dalam Pasal 1338 KUHPerdata. Selain itu juga tunduk pada ketentuan tentang perikatan yang ada dalam KUH Perdata yang pada dasarnya menganut sistem terbuka, yaitu berarti setiap orang bebas mengadakan perjanjian, baik yang telah diatur dalam Undang-Undang maupun yang belum diatur dalam Undang-Undang.<br />Kata Kunci: Kedudukan; Kekuatan Mengikat; Memorandum of Understanding; Hukum Perikatan

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