scholarly journals Fines Sanction as a Meeting Form Principles of Agreement Contracts Construction Service

2019 ◽  
Vol 1 (1) ◽  
pp. 16-21
Author(s):  
Muhammad Sabir Rahman
Keyword(s):  
Service Providers ◽  
National Development ◽  
Construction Work ◽  
Legal Research ◽  
Breach Of Contract ◽  
Strategic Role ◽  
Procurement Contracts ◽  
Construction Services ◽  
Research Type ◽  
Legal Consequences

In national development, construction services have an important and strategic role in supporting the growth and development of the economic, social and cultural fields. Construction Work Contracts (Construction Services Procurement Contracts), in principle, are consensual (a reciprocal agreement), between the Employer (Project Owner) and the Service Provider (Contractor); Service Providers (Contractors) with Sub Service Providers (Sub Contractors). This research uses normative (doctrinal) legal research type. This research was conducted by examining all laws and regulations related to agreements that arise as well as the legal consequences in the form of financial penalties for breach of contract.

scholarly journals Legality of Construction Working Contracts as an Formil Agreement

2021 ◽  
Vol 6 (1) ◽  
pp. 85-102
Author(s):  
Diana Rahmawati ◽  
Zakiyah Zakiyah ◽  
Muhammad Arsyad
Keyword(s):  
Service Provider ◽  
Service Work ◽  
Construction Work ◽  
Legal Research ◽  
Service Contracts ◽  
Construction Services ◽  
Work Contract ◽  
Legal Consequences ◽  
Laws And Regulations ◽  
Work Contracts

The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).

scholarly journals Analisis Undang Undang yang Mengatur Jasa Konstruksi Indonesia Terhadap Pengguna dan Penyedia Jasa Konstruksi

2020 ◽  
Vol 25 (2) ◽  
pp. 199
Author(s):  
Andi Bayu Putra ◽  
Hendrik Sulistio
Keyword(s):  
Service Providers ◽  
Study Data ◽  
Test Reliability ◽  
Survey Method ◽  
Construction Work ◽  
Literature Study ◽  
Good Guide ◽  
Construction Services ◽  
Statutory Regulation ◽  
Selection Of

Construction Services Law is a statutory regulation that is used to regulate all matters involving construction services, whereas in this study conducted in Jakarta, Indonesia, Law No. 18 of 1999 about Construction Services and Law No. 2 of 2017 about Construction Services. With changes in the Construction Services Law, there are differences in the form of revisions, additions, and reductions. These differences and changes are analyzed with the aim of developing a better Construction Services Law in the future. The method used in this research is a literature study method and questionnaire survey method. Questionnaire questions were formed based on literature studies from previous research and Construction Services Law discussed in this study. Data obtained from respondents were entered into the IBM SPSS Statistics 23 program and then conducted a validity test, reliability test, correlation test, and regression analysis. The analysis shows that there are several Construction Services Law’s regulations which cannot be a good guide for construction service providers and users yet, due to: the provisions regarding building failures are not well explained, the general lack of provisions governing the selection of expert assessors, the lack of clarity governing labor standards construction work and unclear regulations regarding sanctions for parties involved in construction work.

scholarly journals KEABSAHAN TANDA TANGAN ELEKTRONIK PADA PERJANJIAN JUAL BELI BARANG DARI PERSPEKTIF HUKUM PERDATA

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Thamaroni Usman
Keyword(s):  
Digital Signature ◽  
Civil Law ◽  
Civil Code ◽  
Legal Research ◽  
Breach Of Contract ◽  
Government Regulations ◽  
Electronic Transactions ◽  
Information Law ◽  
Legal Consequence ◽  
Legal Consequences

Electronic transaction agreement between PT. Juang Abadi Alam with Australian Rural Exports Pty. Ltd in the perspective of the ITE Law is legal and has consequences. In another perspective, Article 1320 of the Civil Code sees that an agreement will be valid when two conditions are fulfilled, namely subjective and objective conditions. The focus of this study is related to the validity of the digital signature (scanner) of an agreement in the perspective of civil law as well as the legal consequences of the agreement carried out online / electronically when one party defaults/breach of contract. The legal research method used in this study is normative juridical.The results of this study showed that the process of electronic commerce transactions (e-commerce) is carried out with 4 stages of the agreement theory namely supply, acceptance, payment and delivery. The validity of agreement with digital signatures in the perspective of civil law is referring to the National Electronic Transaction Information law and Government Regulations as implementing regulations of Electronic Transactions, which are associated with the principles of agreement in the Civil Code. In addition, the legal consequences of an agreement made online/electronically when one of the parties to the default/breach of contract is that a cancellation of the agreement can be requested from the judge as a legal consequence or the legal consequences of the contract in the sale and purchase agreement of goods online.

scholarly journals Penyelesaian Sengketa Kontrak Kerja Konstruksi Melalui Ajudikasi Dan Perbandingan Dengan Arbitrase

Acta Comitas ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 240
Author(s):  
I Made Wisnu Suyoga ◽  
Yohanes Usfunan
Keyword(s):  
Dispute Resolution ◽  
Comparative Approach ◽  
Construction Work ◽  
Legal Research ◽  
Construction Disputes ◽  
Construction Services ◽  
Work Contract ◽  
Research Show

The purpose of this study is to analyze the construction dispute resolution in Indonesia; and comparison of construction work contract dispute resolution through adjudication and arbitration. This type of research is a normative legal research with a statute approach, concept approach and comparative approach. The analysis of legal material in this study was done descriptively, interpretatively, evaluatively and argumentatively. The results of the research show that the settlement of construction disputes in Indonesia is regulated in Article 88 of Law Number 2 of 2017 concerning Construction Services including: Mediation, Conciliation and Arbitration. The comparison of construction work contract dispute resolution through adjudication and arbitration states that adjudication is an arbitration mechanism that is simplified and then adjusted in such a way as to meet the needs of fair dispute resolution. Tujuan study ini untuk menganalisis penyelesaian sengketa konstruksi di Indonesia; dan perbandingan penyelesaian sengketa kontrak kerja konstruksi melalui ajudikasi dan arbitrase. Jenis penelitian yang digunakan merupakan penelitian hukum normatif dengan pendekatan perundang-undangan, pendekatan konsep dan pendekatan perbandingan. Analisis bahan hukum dalam penelitian ini dilakukan secara deskriptif, interpretatif, evaluatif dan argumentatif analisis. Hasil study menunjukkan penyelesaian sengketa konstruksi di Indonesia diatur dalam Pasal 88 Undang-Undang Nomor 2 Tahun 2017 tentang Jasa Konstruksi meliputi: Mediasi, Konsiliasi dan Arbitrase. Perbandingan antara adjudikasi dan arbitrase dalam fungsinya sebagai penyelesaian sengketa kontrak kerja konstruksi dapat dideskripsikan secara sederhana, bahwa adjudikasi merupakan mekanisme penyelesaian sengketa yang memiliki kemiripan dalam hal karakteristik dengan arbitrase. Namun mekanisme adjudikasi justru bersifat lebih sederhana dibandingkan dengan arbitrase.

scholarly journals FUNGSI HUKUM PARIWISATA DALAM PEMBERDAYAAN USAHA MIKRO KECIL DAN MENENGAH

2019 ◽  
Vol 4 (2) ◽  
pp. 108-126
Author(s):  
Dewa Gde Rudy
Keyword(s):  
Research Method ◽  
Small And Medium Enterprises ◽  
National Development ◽  
Legal Research ◽  
Conceptual Approach ◽  
Limited Access ◽  
Business Information ◽  
Business Opportunities ◽  
Strategic Role ◽  
Medium Enterprises

Micro, Small and Medium Enterprises (UMKM) have a very strategic role in national development, especially development in the field of tourism. The fact is that business activities carried out by UMKM often fail to compete with large businesses which are in a stronger position. Related to that, empowering UMKM in the field of tourism business is a very important thing to do. The discussion and research in this paper are focused on two things, First: how is the reality and empowerment of UMKM in the field of tourism business. Second: what is the function of tourism law in order to empower UMKM. In this paper, the normative legal research method is used, namely library legal research using a legislation approach (statue approach) and conceptual approach (conceptual approach). The results of the study show that the reality of UMKM in the field of tourism business is still in a marginalized position and still has limited access to capital, business information, marketing, and business opportunities which are important components in conducting business activities. The legal function of tourism in the context of empowering UMKM is ensuring certainty of the protection of UMKM, so that UMKM get various accesses related to businesses that are run to be able to develop and compete with large businesses.

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

Implication Juridical Decision of The Constitutional Court No. 18/PUU-XVII/2019 Concerning Wanprestasi In the Fiducia Agreement

2021 ◽  
Vol 3 (1) ◽  
pp. 12-21
Author(s):  
Soleh Hasan Wahid ◽  
Harum Mudrikah Mahsun
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Literature Study ◽  
Breach Of Contract ◽  
Library Research ◽  
Security Holder ◽  
Approach Method ◽  
Data Collection Technique ◽  
Research Type

The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.

Termination for Breach of Contract

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Final Section ◽  
Breach Of Contract ◽  
The Third ◽  
Specific Performance ◽  
The Subject ◽  
Key Topics ◽  
English Law ◽  
The Right ◽  
Legal Consequences

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

scholarly journals Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

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