scholarly journals Analisis Yuridis Kekuatan Hukum Memorandum Of Understanding Yang Timbul Karena Hubungan Perdata Internasional Antara Negara Indonesia Dan Negara Australia

2020 ◽  
Vol 5 (2) ◽  
pp. 46-56
Author(s):  
Devie Devie
Keyword(s):  
Good Faith ◽  
Business World ◽  
Work Relations ◽  
Library Research ◽  
Library Studies ◽  
The Common ◽  
Cooperative Relationship ◽  
Permanent Form ◽  
Made In ◽  
Legal Force

Cooperation relationships governed by international civil law in the business world between 2 (two) countries or more generally use written agreements to obtain legal certainty for both parties and as a manifestation of good faith / good faith in establishing work relations. The form of cooperation in business between countries is often not made in a permanent form, on the grounds that it is only in the form of an agreement or an initial agreement, there are negotiations until only for consideration. This then becomes the background for the birth of a Memorandum of Understanding in business agreements between countries. The Memorandum of Understanding was initially only considered as a preliminary agreement that has no legal force in binding and forcing the parties concerned to fulfill their obligations and cannot be used as a means of proof in a court of law, this is the view of the general public and the court in a country adhering to the common legal system law, one of which is the state of Australia, whereas according to the Indonesian state which has no law in regulating the Memorandum of Understanding has the legal force in binding and forcing it like any other formal agreement, if it is linked to the Civil Code. The method used in researching this thesis is a type of normative legal research as a guideline for writing, where the author collects data through library research or the results of library studies by reviewing the laws of Indonesia and Australia as the main data in writing this thesis report with the help of journals -journals obtained from electronic means that discuss problems in this thesis report so that the author can conclude from the problem under study. Based on the results of research conducted by researchers, it can be concluded that a Memorandum of Understanding can be formed by two countries with different legal systems with the aim of creating a binding cooperative relationship and has the power to force both parties to fulfill obligations if there is an agreement between parties to state in the form of a Memorandum of Understanding there is an "intention to create legal relations" or intention to form a legal relationship.

scholarly journals The application of good Faith principle of precontract in common law and civil law contry

2021 ◽  
Vol 10 (16) ◽  
pp. e139101623621
Author(s):  
Rizky Febri Dewanti ◽  
Pujiyono Pujiyono ◽  
Yudho Taruno Muryanto
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Law System ◽  
Library Research ◽  
Legal Implications ◽  
The Common ◽  
Civil Law System ◽  
Legal Consequences

In Indonesia, development of application of good faith principle in legal agreement focuses on the application of Civil Code (KUHPerdata) where scope is still placed on the implementation of agreement. It is as if Civil Code has not recognized the existence of good faith principle at  pre-contract stage. In comparison, according to modern agreement theory that parties who suffer losses in pre-agreement/contract stage or at  negotiation stage, their rights also deserve to be protected. Thus, pre-agreement/contract promises will have legal implications for those who violate them. This will be seen in countries that have common law and civil law systems. An important issue in this case relates to the principle of good faith at the pre-contract stage which creates a gap with the provisions in the legislation. To analyze these problems, legal research was conducted with the black-letter law paradigm. Technique of collecting legal materials in this research used library research. Legal materials are analyzed deductively and utilize the method of interpretation (hermeneutics). Results showed that the application of the principle of good faith at the pre-contract stage in Common Law and Civil Law countries had differences. In the Civil Law system, good faith is highly emphasized in the stage of contractual negotiation. Whereas in the Common Law system, it prioritizes efforts to restore rights of aggrieved party in pre-contract stage. Parties who do not have good faith at the pre-contract stage have legal consequences for cancellation of the agreement.

An Overview of Dementias

2012 ◽  
Vol 21 (3) ◽  
pp. 75-84
Author(s):  
Venkata Vijaya K. Dalai ◽  
Jason E. Childress ◽  
Paul E Schulz
Keyword(s):  
Clinical Presentation ◽  
Treatment Options ◽  
Current Treatment ◽  
Great Variability ◽  
Health Concern ◽  
Public Health Concern ◽  
Life Threatening ◽  
The Common ◽  
Neurodegenerative Dementias ◽  
Made In

Dementia is a major public health concern that afflicts an estimated 24.3 million people worldwide. Great strides are being made in order to better diagnose, prevent, and treat these disorders. Dementia is associated with multiple complications, some of which can be life-threatening, such as dysphagia. There is great variability between dementias in terms of when dysphagia and other swallowing disorders occur. In order to prepare the reader for the other articles in this publication discussing swallowing issues in depth, the authors of this article will provide a brief overview of the prevalence, risk factors, pathogenesis, clinical presentation, diagnosis, current treatment options, and implications for eating for the common forms of neurodegenerative dementias.

Cuckoo chicks evicting their nest mates: coincidental observations by Edward Jenner in England and Antoine Joseph Lottinger in France

2011 ◽  
Vol 38 (2) ◽  
pp. 220-228 ◽  
Author(s):  
Spencer G. Sealy ◽  
Mélanie F. Guigueno
Keyword(s):  
Royal Society ◽  
Cuculus Canorus ◽  
Common Cuckoo ◽  
Cuckoo Chick ◽  
The Common ◽  
Made In ◽  
Royal Society Of London

For centuries, naturalists were aware that soon after hatching the common cuckoo (Cuculus canorus) chick became the sole occupant of the fosterer's nest. Most naturalists thought the adult cuckoo returned to the nest and removed or ate the fosterer's eggs and young, or the cuckoo chick crowded its nest mates out of the nest. Edward Jenner published the first description of cuckoo chicks evicting eggs and young over the side of the nest. Jenner's observations, made in England in 1786 and 1787, were published by the Royal Society of London in 1788. Four years before Jenner's observations, in 1782, Antoine Joseph Lottinger recorded eviction behaviour in France and published his observations in Histoire du coucou d'Europe, in 1795. The importance of Lottinger's and Jenner's observations is considered together.

Static pressure distribution in the free turbulent jet

1957 ◽  
Vol 3 (1) ◽  
pp. 1-16 ◽  
Author(s):  
David R. Miller ◽  
Edward W. Comings
Keyword(s):  
Static Pressure ◽  
Longitudinal Velocity ◽  
Fluid Motion ◽  
Mean Velocity ◽  
Free Jet ◽  
Static Pressure Distribution ◽  
Two Dimensional Flow ◽  
The Common ◽  
Jet Theory ◽  
Made In

Measurements of mean velocity, turbulent stress and static pressure were made in the mixing region of a jet of air issuing from a slot nozzle into still air. The velocity was low and the two-dimensional flow was effectively incompressible. The results are examined in terms of the unsimplified equations of fluid motion, and comparisons are drawn with the common assumptions and simplifications of free jet theory. Appreciable deviations from isobaric conditions exist and the deviations are closely related to the local turbulent stresses. Negative static pressures were encountered everywhere in the mixing field except in the potential wedge region immediately adjacent to the nozzle. Lateral profiles of mean longitudinal velocity conformed closely to an error curve at all stations further than 7 slot widths from the nozzle mouth. An asymptotic approach to complete self-preservation of the flow was observed.

XXIII. On the water-barometer erected in the hall of the Royal Society

1832 ◽  
Vol 122 ◽  
pp. 539-574 ◽  
Keyword(s):  
Royal Society ◽  
Physical Science ◽  
The Other ◽  
Metallic Tube ◽  
French Academy ◽  
History Of ◽  
The Subject ◽  
The Common ◽  
Academy Of Sciences ◽  
Made In

I have for some time entertained an opinion, in common with some others who have turned their attention tot he subject, that a good series of observations with a Water-Barometer, accurately constructed, might throw some light upon several important points of physical science: amongst others, upon the tides of the atmosphere; the horary oscillations of the counterpoising column; the ascending and descending rate of its greater oscillations; and the tension of vapour at different atmospheric temperatures. I have sought in vain in various scientific works, and in the Transactions of Philosophical Societies, for the record of any such observations, or for a description of an instrument calculated to afford the required information with anything approaching to precision. In the first volume of the History of the French Academy of Sciences, a cursory reference is made, in the following words, to some experiments of M. Mariotte upon the subject, of which no particulars appear to have been preserved. “Le même M. Mariotte fit aussi à l’observatoire des experiences sur le baromètre ordinaire à mercure comparé au baromètre à eau. Dans l’un le mercure s’eléva à 28 polices, et dans Fautre l’eau fut a 31 pieds Cequi donne le rapport du mercure à l’eau de 13½ à 1.” Histoire de I'Acadérmie, tom. i. p. 234. It also appears that Otto Guricke constructed a philosophical toy for the amusement of himself and friends, upon the principle of the water-barometer; but the column of water probably in this, as in all the other instances which I have met with, was raised by the imperfect rarefaction of the air in the tube above it, or by filling with water a metallic tube, of sufficient length, cemented to a glass one at its upper extremity, and fitted with a stop-cock at each end; so that when full the upper one might be closed and the lower opened, when the water would fall till it afforded an equipoise to the pressure of the atmo­sphere. The imperfections of such an instrument, it is quite clear, would render it totally unfit for the delicate investigations required in the present state of science; as, to render the observations of any value, it is absolutely necessary that the water should be thoroughly purged of air, by boiling, and its insinuation or reabsorption effectually guarded against. I was convinced that the only chance of securing these two necessary ends, was to form the whole length of tube of one piece of glass, and to boil the water in it, as is done with mercury in the common barometer. The practical difficulties which opposed themselves to such a construction long appeared to me insurmount­able; but I at length contrived a plan for the purpose, which, having been honoured with the approval of the late Meteorological Committee of this Society, was ordered to be carried into execution by the President and Council.

The Coalition's Plan to Regulate Industrial Relations

1993 ◽  
Vol 4 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Braham Dabscheck
Keyword(s):  
Common Law ◽  
Industrial Relations ◽  
Good Faith ◽  
The Common ◽  
Industrial Conflict ◽  
The Law

In October 1992 the federal coalition released Jobsback, a statement of its industrial relations policies. The article situates Jobsback in the context of the evolution of the coalition's industrial relations policies since the Fraser years, outlines its major features, and provides a critique. Jobsback erects a new regulatory schema under a banner of deregulation. Three key elements are contained in Jobsback. They are tribunal avoidance and the use of the common law, legislatively imposed employment rules to ‘aid’ the transition from an award to a non-award system, and enterprise confinement. The article draws attention to the coalition's views concerning industrial conflict, constitutional issues, transitional problems associated with establishing legislatively imposed workplace rules, minima in workplace agreements, the Office of the Employee Advocate, equality before the law and good faith bargaining.

The Sick Child's Predicament

1985 ◽  
Vol 19 (2) ◽  
pp. 130-137 ◽  
Author(s):  
David C. Taylor
Keyword(s):  
Good Faith ◽  
Social Organisation ◽  
Social Situations ◽  
Environmental Agents ◽  
Made In ◽  
Child Psychiatrists

There is widespread criticism of medicine which contrasts with its manifest success in biotechnology. Medicine's failure to convince stems partly from the fact that its successful biotechnology distracts it from the mundane task of responding appropriately to components of commonplace sicknesses which do not stem from disease (things) or illness (symptoms) but from predicaments. Predicaments are painful social situations or circumstances, complex, unstable, morally charged and varying in their import in time and place, which are readily discernible from a good history. Predicaments are distinguished from environmental agents by being an aspect of social organisation rather than structures. Dangerous and excruciating predicaments are described as well as the predicaments of being sick, and being in hospital. Child psychiatrists are often presented with problems where diagnosis of disease or illness in the child is inappropriate and resolution of its predicament alleviates the distress that had been presented in the language of sickness. The model is capable of broader application in psychiatry and medicine. Doctors should be more concerned to know about the context and background of their patients' sickness, as patients give this information very freely if asked. If patients' complaints are misunderstood then medical responses, made in good faith, may be seen as dangerous intrusions leading to a loss of trust, anger, and litigiousness.

scholarly journals DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT

2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Peace Agreement ◽  
Peace Agreements ◽  
The Law ◽  
Made In

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  

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