scholarly journals Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas

SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 444
Author(s):  
Marselo Valentino Geovani Pariela ◽  
Merry Tjoanda ◽  
Ronald Fadly Sopamena
Keyword(s):  
Research Methods ◽  
State Government ◽  
Profit Sharing ◽  
The State ◽  
Harvest Time ◽  
Land Owners ◽  
Marine Products ◽  
The Government ◽  
Village Government ◽  
Settlement Of Disputes

In Eti Village, which is located in West Seram District, West Seram Regency, an agreement for marine and plantation products sharing is still being carried out between the Petuanan Region and the Eti Village Government as the parent country. The petuanan area or territory is a village or hamlet that is in the territory of the customary village. The agreement for the sharing of marine products and plantations between the Petuanan area and the State Government of Eti Village was agreed to share the profits of marine products and plantations by 40% which would belong to the Eti State Government and 60% to belong to the Petuanan area. This agreement for marine products and plantations is made based on the ngase system. The Ngase system is a form of cooperation between land owners and workers which is carried out at harvest time. However, in practice, this agreement for marine and plantation products does not go according to what has been agreed. The parent country does not get the pre-agreed profit sharing. Petuanan countries do not carry out their obligations to the detriment of the parent country. This study aims to determine the consequences of default in this profit-sharing agreement as well as to examine the settlement of disputes between the Eti Government and the Petuanan area. The type of research used is sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. The accountability carried out by the petuanan area is the fulfillment of achievements. Settlement of disputes between the petuanan area and the government of Negeri Eti is through non-litigation and litigation channels.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals State Use Provisions for Patent Law, and Expropriations: Some Comparative Law Guidelines for South Africa during the Covid-19 Crisis and Beyond

2020 ◽  
Vol 23 ◽  
pp. 1-35
Author(s):  
Mikhalien Du Bois
Keyword(s):  
South Africa ◽  
State Government ◽  
Patent Law ◽  
The State ◽  
Patent Owner ◽  
Canadian Law ◽  
Patent Rights ◽  
The Republic ◽  
The Government ◽  
Suitable Framework

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.

scholarly journals Dominasi dan ketidakadilan negara dan korporasi dalam kasus bencana lumpur Lapindo

2017 ◽  
Vol 30 (2) ◽  
pp. 150
Author(s):  
Oman Sukmana
Keyword(s):  
Resource Management ◽  
State Government ◽  
Oil And Gas ◽  
The State ◽  
Group Discussions ◽  
Disaster Victims ◽  
The People ◽  
Data Collection Process ◽  
The Government

The domination of the state (government) and Corporate (PT LBI) in the oil and gas resource management lead Lapindo mudflow disaster that caused misery to the people. This study aims to assess the forms of domination and injustice by the state (government) and the corporation in the case of Lapindo mudflow disaster, and how Lapindo mudflow disaster victims negotiate (resist) against the state (government) and corporations in an effort to fight for their rights. This study used a qualitative approach with case study. Subjects and informantsresearch include: (1) Lapindo mudflow disaster victims; (2) group coordinator of Lapindo mudflow disaster victims; (3) Public figures Siring village, Tanggulangin, Renokenongo, Jabon, and Jatirejo, Porong district, Sidoarjo; (4) Representation of the corporation (PT. LBI); and (5) Representation of BPLS. The data collection process using the in-deepth interviews, observation, focus group discussions, and review documents. Stage processing and data analysis includes the coding process, memoing, and concept mapping. The results showed that the government (the state) and the corporation (PT LBI) action dominating the oil and gas resource management in the area of Porong district, Sidoarjo regency, East Java, resulting misery for the victims (people). Forms of injustice felt by residents Lapindo mudflow disaster victims not only related to the issue of compensation for land and building assets alone, but more than that, including various dimensions. Through a variety of collective action, such as demonstrations and negotiations, Lapindo mudflow disaster victims filed various charges, such as demands for payment of compensation for land and building assets destroyed.

Place Making in George Town, Malaysia

2018 ◽  
Author(s):  
Neil Khor ◽  
Matt Benson
Keyword(s):  
Southeast Asia ◽  
State Government ◽  
Tourism Industry ◽  
The State ◽  
North Coast ◽  
Top Down ◽  
Place Making ◽  
Local Manufacturing ◽  
The Government ◽  
George Town

Chapter 3 provided several examples of the planning and management of urban heritage areas and their resources. This chapter describes the experience of George Town, where the government directed a top-down planning exercise, as expected of a World Heritage property. The process had significant government attention and investment, both financial and technical. The island of Penang in northern Malaysia (Figure 4.2) has hosted a strong tourism industry since the 1970s when the state government decided to develop the tourism industry to complement local manufacturing, as part of a strategy to generate jobs. This policy resulted in the development of the island’s north coast as beachside resorts, which until the mid-1990s made Penang a top tourism destination. This beachside resort model was copied widely throughout Southeast Asia, resulting in competition from neighbouring countries, including Thailand and Indonesia. Meanwhile, Penang’s own appeal was undermined, however, by over-development and pollution.

Cultivation of Medicinal and Aromatic Plants: An Innovative Effort towards Sustainable Development (A Case Study of Uttarakhand)

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Priti Atrey
Keyword(s):  
Sustainable Development ◽  
State Government ◽  
Ecological Condition ◽  
The State ◽  
Aromatic Plants ◽  
Medicinal And Aromatic Plants ◽  
Traditional System ◽  
In The Wild ◽  
Sustainable Cultivation ◽  
The Government

Uttarakhand popularly known as Dev Bhumi is widely believed to be the source of the centuries old traditional system of medicine called Ayurveda. The State is blessed with thousand of species; however, about 320 species have been identified having commonly growing. The forest department has reported about 175 species being commercially extracted and traded. The State Government in 2003 declared Uttarakhand as an Herbal State. After declaration of Uttarakhand as an Herbal State, the government took initiatives for sustainable cultivation of medicinal and aromatic plants in a phased manner. As it is a newly formed state, Uttarakhand is being subject to many large projects especially hydroelectric projects, as part of development. These will adversely impact the forestland of the state. Many species of medicinal and aromatic plants have disappeared with the loss of oak forests. There is growing evidence that the many medicinal and aromatic plants species are declining in the wild. So the systematic cultivation of high value medicinal and aromatic plants under prevailing agro ecological condition is one of the sincere efforts in the direction of sustainable development. Recently the state Government has introduced several incentives and established The Herbal Research and Development Institute, State Medicinal Plants Board and Center for Aromatic Plants for the popularization of sustainable cultivation of medicinal and aromatic plants. In these circumstances, our major objective is to explore the potential in medicinal and aromatic plants cultivation in Uttarakhand.

The Awakening Giant

2018 ◽  
pp. 171-200
Author(s):  
Patricia de Santana Pinho
Keyword(s):  
African American ◽  
State Government ◽  
Local Governments ◽  
The State ◽  
The Awakening ◽  
African Heritage ◽  
The Government ◽  
Tourist Demand ◽  
Roots Tourism

The role of local governments in attracting roots tourists is one of most important factors analyzed in the studies of diaspora tourism. Governments of several countries have actively sought to promote varied forms of roots tourism in order to attract members of their respective diasporas. In contrast, African American roots tourism in Brazil is marked by the almost complete inaction of the government, at both the state and federal levels. This type of tourism was initiated and continues to develop largely as the result of tourist demand, and with very little participation on the part of the state. This chapter analyzes the belated response of the state government of Bahia to African American tourism, examining how the inertia that dominated since the late 1970s was later replaced by a more proactive, although still inadequate, position, when the state tourism board, Bahiatursa, founded the Coordination of African Heritage Tourism to cater specifically to the African American roots tourism niche. The chapter also analyzes whether the left-leaning Workers’ Party, then in charge of the state government, challenged the longstanding discourse of baianidade (Bahianness) that has predominantly represented blackness (in tourism and other realms) through domesticated and stereotypical images.

Bounded by the State: Government Priorities and the Development of Private Philanthropic Foundations in China

2015 ◽  
Vol 224 ◽  
pp. 1083-1092 ◽  
Author(s):  
Weijun Lai ◽  
Jiangang Zhu ◽  
Lin Tao ◽  
Anthony J. Spires
Keyword(s):  
Civil Society ◽  
State Government ◽  
Legal Framework ◽  
The State ◽  
Representative Survey ◽  
Private Foundation ◽  
Private Foundations ◽  
Regulatory Perspective ◽  
Nationally Representative ◽  
The Government

AbstractFrom a regulatory perspective, philanthropy in China has been officially modernized. Since the government established a legal framework in 2004 based on models from overseas, the number of private foundations in China has grown more than six-fold. Drawing on a nationally representative survey of 214 private foundations conducted in 2012, we present a landscape view of these new philanthropic institutions, discussing both who begins foundations and how their monies are used. We find that despite the rise of new private wealth in China and the adoption of the private foundation form, government priorities are structuring the field of Chinese philanthropy in key and consequential ways. We conclude with some considerations of the implications of these findings for the development of broader civil society.

North Electricity Board: A Case of Restructuring in the Indian Power Industry

2002 ◽  
Vol 06 (01) ◽  
pp. 27-43 ◽  
Author(s):  
Anjula Gurtoo
Keyword(s):  
Organizational Change ◽  
State Government ◽  
Change Process ◽  
Labor History ◽  
Electric Utility ◽  
The State ◽  
The Political ◽  
Capital Investments ◽  
Union Leaders ◽  
The Government

The State Government of one of the largest states of India restructured its financially unviable electric utility - North Electricity Board (NEB) - into three independent corporations and announced its plans for subsequent privatization of NEB. The State Government argued for initiation of restructuring and privatization as a move to attract capital investments for meeting the growing demand and make the entire operations financially viable. An 11-day strike by the employees, which occurred as a response to the initiation of this radical organizational change, was the largest ever in the last 25 years of Indian labor history. The employees united under one umbrella employees association and negotiated with the government. Despite nation-wide support for the employees and the wholehearted unification of the employees, the strike ended with the acceptance of trifurcation by their union leaders. The dynamics involved in the process of restructuring and the employees' strike highlight the political and economic motivations of the various stakeholders in this organizational change process. In view of this, the issue facing the organization, post-strike, is how to get out of this current unpleasant situation and move forward.

scholarly journals Expenditure on sports and leisure by the Government of the State of Piauí

2020 ◽  
Vol 32 (1) ◽  
Author(s):  
Edmilson Santos Dos Santos ◽  
Luciano Juchem ◽  
Luiz Alcides Ramires Maduro
Keyword(s):  
State Government ◽  
Quantitative Data ◽  
Government Expenditure ◽  
Social Assistance ◽  
The State ◽  
Descriptive Statistics ◽  
Tax Revenue ◽  
Spending Behavior ◽  
The Government ◽  
Social Agendas

The present study aimed to analyze the participation of the government of Piauí in the bottom-up funding of sport and leisure public policies from 2013 to 2017, embracing four aspects: (1) comparison of expenditure with tax revenue; (2) comparison of expenditure with other social agendas, notably Social Assistance and Culture; (3) identifying the spending behavior regarding subfunctions; (4) analyzing the efficiency in resource liquidation comparatively. Quantitative data were collected from the National Treasure website and submitted to descriptive statistics. In a conclusive manner, the study indicated that: (a) state government expenditure with the SLF is far shorter than the estimated by the II National Sport Conference; (b) expenditure has not followed the positive revenue variation during the period; (c) when compared to Social Assistance and Culture, Sport and Leisure has been the less considered area on the government’s agenda; (d) there has been an abrupt chance in the government’s agenda towards performance sport; (e) the government acts in an efficient way regarding the liquidation of planned resources.

scholarly journals KEWENANGAN DAN PERAN PEMERINTAH DALAM PENYELENGGARAAN KOMEPETISI SEPAK BOLA DI INDONESIA (THE AUTHORITY AND ROLE OF GOVERNMENT IN THE ORGANIZING OF FOOTBALL COMPETITION IN INDONESIA)

2018 ◽  
Vol 6 (2) ◽  
pp. 222
Author(s):  
Muhammad Zulhidayat
Keyword(s):  
Research Methods ◽  
Third Parties ◽  
The State ◽  
The Other ◽  
Professional Football ◽  
Role Of Government ◽  
The Government ◽  
Role Of The Government ◽  
Sports Activities

Pada 30 Mei 2015, FIFA sebagai induk tertinggi dari organisasi sepakbola internasional menjatuhkan sanksi kepada PSSI. Ini terjadi karena FIFA menilai adanya intervensi oleh pemerintah melalui Kementerian Pemuda dan Olahraga. Statuta FIFA pasal 13 dan 17 memperjelas bahwa ia menolak segala bentuk intervensi oleh pemerintah, politisi, media, atau pihak ketiga lainnya. Di sisi lain, Kementerian Pemuda dan Olahraga juga diberi wewenang oleh hukum untuk mengatur kegiatan olahraga secara umum dalam lingkup Negara Indonesia. Permasalahan yang akan dikaji dalam penelitian ini adalah sebagai berikut: Pertama, apa wewenang dan peran pemerintah dalam menyelenggarakan olahraga sepakbola profesional di Indonesia? Kedua, bagaimana penerapan kompetisi sepakbola di Indonesia dengan adanya Pembekuan PSSI? . Metode penelitian dalam penulisan ini menggunakan metode yuridis normatif. Kesimpulan dari penelitian ini adalah bahwa Pemerintah tidak memiliki wewenang untuk campur tangan dan ikut campur dalam menyelenggarakan kompetisi sepakbola profesional di Indonesia. Sementara itu, dengan pembekuan PSSI ini, otomatis menghentikan liga karena PSSI tidak dapat melakukan tugas dan fungsi untuk mengadakan kompetisi sepakbola profesional di Indonesia. Saran penulis dalam penelitian ini adalah Pemerintah harus optimal dalam memberikan layanan dan kenyamanan kepada PSSI dan PSSI harus transparan dalam menyelenggarakan kompetisi sepakbola profesional di Indonesia.Kata Kunci : Kewenangan, Pemerintah, PSSI AbstractOn May 30, 2015, FIFA as the supreme parent of international football  organizations imposed sanctions on the PSSI. This happens because FIFA assess the existence of intervention by the government through the Ministry of Youth and Sports. The FIFA Statutes chapters 13 and 17 make it clear that it rejects any form of intervention by governments, politicians, media, or other third parties. On the other hand, the Ministry of Youth and Sports is also authorized by law to regulate sports activities generally within the scope of the State of Indonesia. The problems to be studied in this research are as follows: Firstly, what is the authority and role of the government in organizing professional football sport in Indonesia ?, Secondly, how is the implementation of football  competition in Indonesia with the existence of PSSI Freezing ?. Research Methods in this paper using the method of normative juridical. The conclusion of this research is that the Government does not have the authority to intervene and interfere in organizing professional football  competition in Indonesia. Meanwhile, with the freezing of this PSSI, automatically stop the league because PSSI can not perform the duties and functions to hold a professional football competition in Indonesia. The author's suggestion in this research is the Government must be optimal in providing services and convenience to PSSI and PSSI must be transparent in organizing professional football competition in Indonesia.Keywords: Authority, Government, PSSI

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