scholarly journals PENERAPAN PERJANJIAN KERJA ANTARA DIREKTUR DAN KARYAWAN TERKAIT DENGAN ASAS KEBEBASAN BERKONTRAK BERDASARKAN PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 163-171
Author(s):  
Dina Haryati Sukardi ◽  
Dian Herlambang

The principle of freedom of contract is a principle that gives freedom to the parties to: (1) make or not make an agreement; (2) entering into agreements with anyone; (3) determine the contents of the agreement, implementation, and terms; and (4) determine the form of an agreement that is written or oral. The purpose of this study is to find out whether the work agreement between directors and employees at the Hospital of Menggala based on the principle of freedom of contract is in accordance with Article 1320 of the Civil Code, knowing the inhibiting factors in the implementation of the principle of freedom contracting to an employment agreement at the District Hospital ofalaala, and the efforts made in overcoming any obstacles that occur in the implementation of the principle of freedom of contracting with an employment contract at the District Hospital.The results of the analysis carried out that the work agreement of the Cooperative Hospital meets the principle of freedom of contract. The principle of freedom of contract is a principle that gives freedom to the parties to make or not make an agreement, enter into an agreement with anyone, determine the contents of the agreement, its implementation, requirements, determine the form of the agreement, written or oral, in making the work agreement of both the Directors and workers there is no influence or pressure from the other party, both parties give freedom to the other party to express their opinions or proposals regarding the agreement material, then the work agreement of the Shepala Regional Hospital is in accordance with the principle of freedom of contract as contained in Article 1320 of the Civil Code. In carrying out the principle of freedom of contract beer to work agreements the Cooperative Hospital experienced obstacles. Constraints faced include: (1) the absence of trade unions in fighting for workers' rights (2) Low Worker Resources. The efforts of the Penggala District Hospital in facing obstacles in implementing the principle of freedom of contract to work agreements are immediately possible to form trade unions that can bridge workers and hospital directors and hold various trainings to improve the professionalism and abilities of their employees.

2021 ◽  
Vol 20 (1) ◽  
pp. 57
Author(s):  
Nadzmi Akbar Baderun ◽  
Samsul Rani

Abstract A person becomes a Muslim convert because he believes in Islamic teachings' goodness, benefits, and truth. On the other hand, converts of Dayak Meratus generally still have many shortcomings and problems carrying out their new religion. Thus, the guidance of Dayak Meratus converts must be carried out by Muslims. It is still unclear that the guidance carried out for Dayak Meratus converts raises how the basic strategy for cultivating Dayak Meratus converts in South Kalimantan is necessary. Religion, supporting and inhibiting factors for converting. Data collection was carried out by observing, interviewing, and opening up documents that could present facts and events in the field. The interactive analysis process is in the following order: data collection, data condensation, data modeling, and describing and verifying conclusions. This research found that the convergence coaching program was made in detail by coaches who were in the field to suit field conditions. Dayak Meratus converts' religious guidance is carried out by using a family approach, warmth, meeting intensity or always being close to converts, teaching the practice of worship, muamalah, and instilling faith. The inhibiting factors for conversion are; lack of dai, converts are scattered over a wide area, it is challenging to gather at one place, the busyness of converts who make a living to a remote area.  


2021 ◽  
Vol 30 ◽  
pp. 90-98
Author(s):  
Aleksandar Zivanic

A presumption is made in the favour of the possessor of a movable thing that he is the owner of the thing, and likewise it is presumed that a former possessor was the owner during the term of his possession. However, legal presumptions such as those behind the German Civil Code’s §1006, subsections 1 and 2 (or §90 of the Estonian Law of Property Act) are shifting the burden of proof to the other party, the one who is not or was not the possessor of the movable. The paper examines the attendant issues with regard to conflict of laws, with the conclusion that it remains unclear whether legal presumptions arising from possession should be qualified by the lex rei sitae doctrine (per the Introductory Act to the German Civil Code, Article 43, Subsection 1), instead as ‘rights over an object’ (under that article’s Subsection 2), or in line with procedural regulations (lex fori).


1988 ◽  
Vol 23 (4) ◽  
pp. 395-412 ◽  
Author(s):  
Ronald Dore

THE STEADY EXPANSION OF THE FUNCTIONS OF GOVERNMENT and its increasingly interventionist role in the economy has for much of the twentieth century seemed an inexorable and irreversible trend. The jurist, Dicey, already saw it as such at the beginning of the century. In a famous series of lectures, he traced the retreat of Benthamite individualist liberalism in the face of what he called ‘collectivism’. The common theme in all the developments he considered — the protection given to trade unions on the one hand, compulsory education and municipal trading on the other — was their limitation of the freedom of contract, the limitation of — the buzz-word of British politics in the late 1980s — ‘choice’.


Legal Spirit ◽  
2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Binar Idha Meutia

The purpose of this study was to analyze BPJS Health services in Kertosono District Hospital Nganjuk District, and to analyze the supporting and inhibiting factors of BPJS Health services in Kertosono District Hospital Nganjuk Regency. The results of this study are: First, health services in Kertosono Regional Hospital Nganjuk said to be very good, it is because of the commitment of the Kertosono Regional Hospital who want to provide health services according to good standards and based on public service standards to the community. Second, the supporting factors in providing services to patients are, the attitude of employees who are friendly and polite, the services provided are satisfactory and the flow is easy, there are poster announcements related to BPJS, clear goals and objectives, and sufficient financial. The inhibiting factors of HR owned by hospitals are not comparable to those treated (patients), frequent miscommunication between officers and patients, incomplete medical devices, inefficiency of the BPJS claim process, and arrears of payment from the BPJS.Keywords: Services, Health, Badan Penyelenggara Jaminan Sosial (BPJS)


Acta Comitas ◽  
2016 ◽  
Author(s):  
Ida Ayu Putu Swandewi

The article 44 paragraph (1) of Law Number 2 of 2014 on the Amendment of the Law on the Position of Notary Public (hereinafter referred UUJN-P) provision a duty for the appearer to sign the notarial deed after having been read by the notary public, with the exception when the appearer is unable to put his or her signature then the appearer should mention the reason and it will be stated explicitly at the end part of the notarial deed. On the other hand, there is a difference in the arrangement of Article 16 paragraph (1) letter c of the UUJN-P namely the existence of an obligation that the notary public must affix the letters and documents as well as the fingerprint of the appearer on the minutes of the deed. The problem that arises is what if the appearer is illiterate, having handicapped or paralyzed hand so that he or she could not put his or her signature on the notarial deed, whether he or she is required to put his or her fingerprints on the minutes of the notarial deed as a form of his/her personal authentication on the notarial deed or as a form of his/her approval, weather the fingerprint can replace a signature, whereas what is meant by the fingerprint here also raises different interpretations. The study is a normative legal research, it is as a result of a vacuum of norm about the signing of notarial deed when the appearer have physical disabilities that he or she cannot sign a notarial deed and to perform validation on an authentic notarial deed that he/she made. In addition, there is a duty of the notary to affix the fingerprint of the appearer on the minutes of the notarial deed, whether this provision also applies to the appearer who cannot sign the notarial deed because of his/her disability. The materials used are the primary, secondary and tertiary legal materials. The results of the study indicate that the legal arrangements for the legalization of the notarial deed for the appearer who has a physical disability, especially in his or her hands, as well as the obligation to attach fingerprints on the minutes of the notarial deed has not been expressly stipulated in the Law Number 30 of 2004 (UUJN) and the UUJN-P. In particular to Article 44 paragraph (1), (2) and Article 16 Paragraph (1) c. that stipulate the appearer who has a physical disability condition can authenticate the notary deed, on condition that, the deed is eligible and conforms to the rules in Article 1320 of the Civil Code, Article 1868 of the Civil Code of the authentic deed and the Law Number 30 of 2004 of the Law on Notary Position in conjunction with the Law Number 2 of 2014 on the Amendment of the Law on the Position of Notary Public.


2006 ◽  
Vol 56 (1) ◽  
pp. 1-43
Author(s):  
Sándor Richter

The order and modalities of cross-member state redistribution as well as the net financial position of the member states are one of the most widely discussed aspects of European integration. The paper addresses selected issues in the current debate on the EU budget for the period 2007 to 2013 and introduces four scenarios. The first is identical to the European Commission's proposal; the second is based on reducing the budget to 1% of the EU's GNI, as proposed by the six net-payer countries, while maintaining the expenditure structure of the Commission's proposal. The next two scenarios represent radical reforms: one of them also features a '1% EU GNI'; however, the expenditures for providing 'EU-wide value-added' are left unchanged and it is envisaged that the requisite cuts will be made in the expenditures earmarked for cohesion. The other reform scenario is different from the former one in that the cohesion-related expenditures are left unchanged and the expenditures for providing 'EU-wide value-added' are reduced. After the comparison of the various scenarios, the allocation of transfers to the new member states in terms of the conditions prevailing in the different scenarios is analysed.


2016 ◽  
Vol 13 (2) ◽  
pp. 67
Author(s):  
Engku Liyana Zafirah Engku Mohd Suhaimi ◽  
Jamil Salleh ◽  
Suzaini Abd Ghani ◽  
Mohamad Faizul Yahya ◽  
Mohd Rozi Ahmad

An investigation on the properties of Tenun Pahang fabric performances using alternative yarns was conducted. The studies were made in order to evaluate whether the Tenun Pahang fabric could be produced economically and at the same time maintain the fabric quality. Traditional Tenun Pahang fabric uses silk for both warp and weft. For this project, two alternative yarns were used which were bamboo and modal, which were a little lower in cost compared to silk. These yarns were woven with two variations, one with the yarns as weft only while maintaining the silk warp and the other with both warp and weft using the alternative yarns. Four (4) physical testings and three (3) mechanical testings conducted on the fabric samples. The fabric samples were evaluated including weight, thickness, thread density, crease recovery angle, stiffness and drapability. The results show that modal/silk and bamboo silk fabrics are comparable in terms of stiffness and drapability, hence they have the potential to replace 100% silk Tenun Pahang.


2006 ◽  
Vol 51 (2) ◽  
pp. 52-78 ◽  
Author(s):  
Corina Caduff ◽  
Sabina Gebhardt Fink ◽  
Florian Keller ◽  
Steffen Schmidt

Intermedialität wird hier systematisch an Musik, Literatur, visuelle Kunst und Film dargestellt. Den Anfang machen allgemeine Überlegungen zu Materialität und Medium in diesen verschiedenen Künsten. Im Weiteren werden unter dem Aspekt ›Bimedialität‹ verschiedene Beispiele vorgestellt, die jeweils aus zwei Medien bestehen (z.B. Musikfilm, das Lied oder Schriftbilder). Dabei folgen wir der Frage, ob und wie jeweils eines der beiden Medien eine Vorrangstellung bekommt. Der abschließende Teil behandelt „intermediale Bezüge in Monomedialität“. Hier geht es um monomediale Darstellungen, denen aber eine Beschäftigung mit einem anderen Medium vorangegangen ist. Das ist etwa dann der Fall, wenn ein Schriftsteller über ein Bild schreibt, ohne daß dieses (im Text) zu sehen ist. In this article, we offer a systematic description of intermedia relations across music, literature, the visual arts, and film. Beginning with some general reflections on materiality and medium in these diverse fields of art, we then offer various examples consisting of two media (e.g. music film, song, images in writing). We pursue the question if, and how, one of the two media may take priority over the other. In our conclusion, we deal with „intermedia relations in monomediality“. This section focuses on artistic representations made in one medium, but based on reflections on another medium. For instance, this is the case when a novelist writes about a picture without having this picture reprinted in the text.


2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Nadziroh Nadziroh ◽  
Chairiyah Chairiyah ◽  
Wachid Pratomo

This study aims to determine the implementation of honesty values as a form of anti-corruption education in SD Negeri 01 Tengklik Karanganyar. The results showed that in Tengklik 01 Public Elementary School had carried out honesty values as a form of anti-corruption education. The anti-corruption values taught in Tengklik 01 Public Elementary School include the value of honesty, the value of discipline, the value of openness, and the value of responsibility. Inhibiting factors or constraints are: (1) lack of awareness of students, (2) there are still habits of corruptive behavior. There are several ways that can be used to overcome obstacles and efforts made in Anti-Corruption Education, namely: (1) exemplary, (2) habituation, (3) giving strict sanctions. (4) competitions and resource persons (5) increasing devotion.


2020 ◽  
Vol 13 (2) ◽  
pp. 44-54
Author(s):  
Hendrico Firzandy Latupeirissa ◽  
Gierlang Bhakti Putra ◽  
Niki Prastomo

Brick debris that makes up the majority of construction waste has not received proper waste disposal in Indonesia. On the other hand, brick debris could be potentially reused as non-structural building materials to reduce its negative impact on the environment. This study aims to test the effectiveness of soundproofing on recycled brick debris. The soundproof test was carried out on brick debris in the form of fine and coarse grains. The simulation box is then used as a support for the brickwork material and then the box is exposed to a sound source with a certain level of noise that is considered disturbing human comfort. Noise level measurements are made in the outside and inside the box. These measurements are tabulated and then analyzed to see the success of the two aggregates in reducing noise. Basically, the brickwork material has succeeded in becoming a recycled building material that can absorb noise, although further research must be carried out to be able to state that this material is truly ready to be used as an alternative building material with good acoustic capabilities.


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