scholarly journals Makna Dan Fungsi Itikad Baik Dalam Kontrak Kerja Konstruksi

SASI ◽  
2018 ◽  
Vol 23 (2) ◽  
pp. 136 ◽  
Author(s):  
Barnabas Dumas Manery

Neither law nor doctrine can provide a clear understanding of good faith in contract law. In general, the study of good faith tends to mix up the notion of good faith as the rule of law in good faith as the principle of contract law. Based on this understanding, Article 1338 Paragraph (3) BW is considered as the legal principle of the contract so it concludes that the obligation of good faith exists only at the stage of contract implementation. Such opinion has obscured the meaning and function of good faith as the principle of contract law, which became the legal issue in this study. The approach used is (statute approach), (case approach), and (conceptual approach). Based on the results of the research, it is found that the essence of good faith is honesty and fairness which contains the meaning of trust, transparency, autonomy, obedience, without coercion and without deceit; as well as the function of the principle of good faith is to complement the legal system through the legislator and authorize through the authority of the judge in the form of adding, limiting and excluding a contractual obligation. Thus the law becomes flexible and able to guarantee complex and dynamic community legal needs.

2019 ◽  
Vol 49 (2) ◽  
pp. 455
Author(s):  
Fiska Silvia Raden Roro ◽  
Agus Yudha Hernoko ◽  
Ghansham Anand

Proportionality is a legal principle not only requires equility of the rights and obligations among parties based on competing values, but also has purpose to deliver justice among parties. This principle is in line with the Al Musawah principle in the Islamic contract or agreement which it also has the same goal: ad ‘adl wa tawazun. This principle is the implementation of the principle of good faith, the principle of transactions based on honesty including in terms of determining the profit margin. The research significance are to provide enhance knowledge about proportionality principle in Islamic crowdfunding in Indonesia, especially in financing contract in Islamic financial technology as a new business innovation scheme. This paper in order to promote the impartial perception and to harmonize the Islamic law and Indonesian laws. The type of the research is legal research. The research methods apply the conceptual approach to the the Islamic crowdfunding under proportionality principle in financing contract.


Author(s):  
Orsolya Száraz

The Institute of Hungarian Literary and Cultural Studies at the University of Debrecen formed a research group in 2010 in order to launch the research of Hungarian realms of memory. This paper was written within the frameworks of the research group. Its basic hypothesis is that the identification of Hungary as the Bastion of Christendom is an established part of Hungarian collective memory. This paper attempts to demonstrate the changes of this realm of memory, regarding its meaning and function, from its formation up to the present day.


Author(s):  
La Ode Sidu ◽  
La Ino ◽  
Nirmalasari

The article titled “Demonstrative Nouns of ini and aini in Muna Language.” The purpose of this article is to analyze the form, meaning, and function of ini and aini in Muna language. The method used is descriptive qualitative with distributional technique. This method is used to describe and analyze the form, meaning, and function of ini and aini. The results of the analysis found that the form of ini is a base or monomorpheme, while the form of aini is a derivative or polymorpheme which consists of morpheme a- and morpheme aini. In construction of phrase, clause, or sentence generally have the same meaning, namely ‘this’. For instance, O lambu ini damasoe and lambu aini damasoe the meaning is ‘The house will be sold.’ However, when it’s examined more closely, both forms of demonstrative ini and aini in distributional are not interchangeable. For instance, *O lambu aini damasoe dan *Lambu ini damasoe. Both of constructions are ungrammatical caused by form ini has a meaning ‘this’, while form aini means ‘which this’. The bound morpheme a- in aini has a function as a noun marker which pointed in article ini called relative noun marker. Thus, demonstrative aini can stand alone as a minor sentence in the answer sentence, e.g., Question: Hamai bokuku kabasa? ‘Where is my reading book?’ Answer: Aini! ‘This’ < (Here is it!). Demonstrative aini when substituted with ini, the construction became ungrammatical, e.g., Question: Hamai bokuku kabasa? ‘Where is my reading book?’ Answer: *ini. Hereafter, the form ini cannot be formed in more complexes, whereas the form aini can be formed again with another bound morpheme, such as: ainihakanau ‘This is me’, ainihako ‘This is you’, ainihakoomu ‘These are you’, ainihae ‘This is he’, ainihada ‘These are they’, and ainihakasami ‘These are we’.


Author(s):  
Erik Gray

Love begets poetry; poetry begets love. These two propositions have seemed evident to thinkers and poets across the Western literary tradition. Plato writes that “anyone that love touches instantly becomes a poet.” And even today, when poetry has largely disappeared from the mainstream of popular culture, it retains its romantic associations. But why should this be so—what are the connections between poetry and erotic love that lead us to associate them so strongly with one another? An examination of different theories of both love and poetry across the centuries reveals that the connection between them is not merely an accident of cultural history—the result of our having grown up hearing, or hearing about, love poetry—but something more intrinsic. Even as definitions of them have changed, the two phenomena have consistently been described in parallel terms. Love is characterized by paradox. Above all, it is both necessarily public, because interpersonal, and intensely private; hence it both requires expression and resists it. In poetry, especially lyric poetry, which features its own characteristic paradoxes and silences, love finds a natural outlet. This study considers both the theories and the love poems themselves, bringing together a wide range of examples from different eras in order to examine the major structures that love and poetry share. It does not aim to be a comprehensive history of Western love poetry, but an investigation into the meaning and function of recurrent tropes, forms, and images employed by poets to express and describe erotic love.


2011 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Samidi Khalim

Islam Kejawen here is meant as Islam as practiced in the Kingdom of Java. A reflection of Islam Kejawen can be seen in the works of literature written by the kingdom poets. This paper raises thoughts of Kraton Surakarta poet, Ngabehi Sastrawijaya, who lived during the reign of Paku Buwana III and Paku Buwana IV. The works of Sastrawijaya analyzed are Suluk Sajatining Salat and Suluk Salat Sarengat Tarekat Hakekat Makripat stored in the library of the Kingdom of Surakarta Museum, Museum Sasana Pustaka. This article analyzes the text to reveal both the meaning and function of the suluk for Islam Kejawen practice.


2014 ◽  
Vol 672-674 ◽  
pp. 1441-1446 ◽  
Author(s):  
Yu Qiang Ou ◽  
Le Feng Cheng ◽  
Jian Zhong Wen ◽  
Xuan Yu Qiu ◽  
Tao Yu

Research on reliability of distribution network has very important meaning and function to ensure the quality of power supply. This paper introduces some basic concepts of reliability in distribution network, including distribution network reliability definition, task and index. The classical reliability evaluation method was reviewed, and focused on specific distribution network, an example analysis was given, and specific reliability evaluation indexes were calculated. Finally, the future development of distribution network reliability evaluation was made a simple prospect.


1958 ◽  
Vol 52 (2) ◽  
pp. 260-279 ◽  
Author(s):  
Kenneth S. Carlston

It is the purpose of this article to investigate the status of concession agreements in the light of the rules of international law bearing on the power of a state to nationalize property. It is a continuation of an earlier article which explored the nature and function of the concession agreement in the national and international economies. The first article rested on the assumption that legal rules could not be fully understood or evaluated without a fairly clear understanding of the social facts which they were designed to regulate.


1965 ◽  
Vol 60 (4) ◽  
pp. 586
Author(s):  
R. D. Huddleston ◽  
J. M. Sinclair ◽  
Mario Pei ◽  
Mitford McLeod Mathews ◽  
Leonard F. Dean ◽  
...  

Sign in / Sign up

Export Citation Format

Share Document