RESULT AND DISCUSSION. According to X. Xxxxxxxx en X. Xxxxxx, that the formation of an agreement because of the meeting of the will or consensus of the parties. Agreement in essence can be made free of unbound form and achieved not formally but sufficiently through consensus (Feenstara and Xxxxxx, 1998). X. Xxxxxxx pointed out that the principle of consensus is very important in contract law, particularly on the aspect of contract formation. This is an absolute requirement and provide to ensure legal certainty, although for consensus begins with the offer and acceptance and fulfilment of certain requirements and procedures (Subekti, 1986). Understanding the agreement is the existence of supply and acceptance. Related to that, Xxxxxxx stated that The offering is basically An offer is an expression of willingness to contract on specified terms, made with the intention that is shall become binding as soon as it is accepted by the person to whom it is addressed (Trietel, 1995).
RESULT AND DISCUSSION. 1. The Urgency of Collateral in the Online Loan Credit Agreement. Collateral or zekerheid or cautie in Dutch, covers in general the ways the creditor collaterals the fulfillment of the bill, in addition to the general liability of the debtor for his goods. Apart from the term collateral, it is also known as collateral. In Act Number 7 of 1992 concerning Banking, the definition of collateral is an additional collateral that is given by the debtor customer to the bank in order to obtain a credit facility. Collateral functions to ensure the fulfillment of obligations that can be valued in money arising from a legal engagement.12 Collateral is related to the law of property, collateral is used to create confidence that the debtor will fulfill his obligations. In other words, the collateral focuses on the realization of the fulfillment of obligations to the creditor, the form of the collateral can be valued in money, and the collateral arises because of the engagement between the creditor and the debtor. The term collateral has been commonly used in an engagement between a debtor and creditor because in the science of law scientific terms such as collateral law, material security, individual collateral, collateral rights, etc., are also used in statutory regulations. namely laws such as the Mortgage Rights Law and fiduciary security. Regulations regarding collaterals can be found in Book II of the Civil Code and Stb. 1908 Number 542 as amended to Stb. 1937 Number 190 concerning Credietverband. In Book II of the Civil Code, the legal provisions relating to collateral law are fiduciary and mortgage. Fiduciary is regulated in 10 Xxxxxxxx Xxxxx Xxxxxxxxxx, Normative and Empirical Research Method: Their Usefulness and Relevance in the Study of Law as an Object, 3rd Global Conference on Bussiness and Social Science, December 2015, page. 203 11 Ibid., 12 Tan Kamelo, Hukum Jaminan Fidusia, Alumni, Bandung, 2004, page. 2 Article 1150 of the Civil Code to Article 1160 of the Civil Code, while mortgages are regulated in Article 1162 to Article 1232 of the Civil Code. Until now, there have been many legal provisions regarding collaterals passed in the law. In the pre-reform era, the legal provisions governing collaterals were Law Number 5 of 1960 concerning Basic Agrarian Principles. This provision also refers to various other laws and regulations. This can be seen in the preamble of Law Number 5 of 1960 which revokes the entry into force of Book II of the Indonesian Civil...
RESULT AND DISCUSSION. 1. The advantages of implementing an outsourcing work contract model for the company. Outsourcing according to the provisions of Law Number 13 of 2003 concerning Manpower is the delivery of part of the work to another company. This handover can be done by two methods, namely by the mechanism of a job charter agreement or by the mechanism of providing worker or labor services [12]. However, there is a provision in the Manpower Law which states that the outsourcing may only be used for supporting services, meaning that workers/labourers may not be employed to carry out activities related to the production process. The definition of outsourcing in the opinion of experts, are:
RESULT AND DISCUSSION. 3.1. The Process of Implementing a Credit Agreement That Will Be Charged With Mortgage In Tegal City • Credit Application Stage The credit application is made before the credit contract is made and the prospective debtor will get a decision from the authorized official on the credit approval decision, then the credit administration section submits the credit approval decision to the debtor colon in writing with a Credit Granting Acknowledgment Letter (SPPK) by including the following provisions: following : • Amount of credit approved; • Interest and fees ; • Time period ; • Guarantee and binding; • Insurance ; • Requirements by the candidate that must be met before the signing of the credit agreement or before the credit is disbursed; Furthermore, prospective debtors are required to submit documents or goods as collateral to the Bank. Documents or collateral items are bound by the legal department and checked for correctness/authenticity and completeness, this is intended to prevent possibilities that can cause losses in the future. The inspection can also be carried out through the services of parties who are genuine in their respective fields or authorized parties. For guarantees, the following must be checked8: • Legal status / collateral ownership ; • The name listed on the certificate; • Is there husband / wife's consent; 7 Xxxxx Xxxxxx, (2020), “Lahirnya Hak Tanggungan Menurut Peraturan Pemerintah Agraria Tentang Pelayanan Hak Tanggungan Terintegrasi Secara Elektronik”, Jurnal Hukum Kenotariatan, Notaire, Vol. 3 No. 1. 8 Ong Xxxx Xxxxxxxx, Xxx Xxxxxx Xxxxxxx, Xxxxxx Xxxxxxx. (2020). Code of Ethics and Position of Notary in Indonesia. Sultan Agung Notary Law Review 2 (4), 397-407, xxxx://xxxx- xxxxxxxx.xxx/xxxxxx.xxxxxxxx.xx.xx/index.php/SANLaR/article/view/13536 • Certificate due date ; • Whether the guarantee is free of disputes and or the burden of mortgage rights; • IMB, if the amount is more than 5 million; • Whether the PBB has been repaid; • Check the authenticity of the certificate at the local BPN office; After the administrative process above is complete, then proceed with making a credit agreement. The credit contract can be made in the form of an authentic contract through a notary. For underhand credit contracts, there are several forms of credit contract forms that are used, the shape is adjusted to the credit given, namely: • Approval to Open Credit (PMK) This PMK is used for non-conflicting credit facilities, namely loans which when d...
RESULT AND DISCUSSION. 3.1. The validity of the Guarantee of Ownership of Land based on the Deed of Sale and Purchase in Kendal Regency The results of interviews with the first party (Mr. X) and the second party (Mr. W), the chronology of this case is the beginning of the second party borrowing IDR 200 million from the first party with land and building collateral covering an area of 255 m2. Both parties went to a Notary in Kendal regency to make a debt agreement. On October 24, 2015 both parties agreed to make a payable agreement before a notary bound using a Sale and Purchase Deed. The land that is used as collateral, stands on Certificate of Ownership (SHM) No. 1316, located in Ds Limbangan Kec Limbangan Kendal Regency on behalf of Mr (W). 4 Bambang Waluyo, Penelitian Hukum Dalam Praktek, Sinar Grafika, Jakarta, 2002, p. 15-16. 5 Xxxxxxxxx, Introduction to Legal Research Methods, PT Raja Grafindo Persada, Jakarta, 2006, p.30. 6Amiruddin, Pengantar Metode Penelitian Hukum, PT Raja Grafindo Persada, Jakarta, 2006, p.119 7Lexy X. Xxxxxxx, Metodologi Penelitian Kualitatif Edition Revision, Remaja Rosdakarya, Bandung, 2009, p. 186. The contents of the agreement are as follows:
RESULT AND DISCUSSION. 4.1 Process Optimisation (PO) The process optimisation was designed to test the impact of the HC on FOGs. First, the impact of the orifice types and the number of cycles used in the treatment was measured on rapeseed oil. Subsequently, the identified optimal condition where applied to real FOGs sample to validate emulsion stability.
RESULT AND DISCUSSION. A joint venture agreement is one of the steps that must be taken to establish PT. PMA. In this case, the parties referred to are Indonesian parties called Indonesian participants and foreign parties are called foreign participants [10]. The initial agreement must be made in the implementation of PT. PMA is about Investment policy, Ownership and management, Finance and fiscal policy, Labor policy, and Technology. If the parties have found relevant parties to cooperate with, then "talks" will begin to realize this desire. The term "talk" here is defined as a negotiation process which is carried out in: (1) face to face or through; (2) means of communication (telephone); done (3) orally and or through; (4) writing (correspondence, facsimile and so on). In this discussion, each party submits an offer offered by the other party. Furthermore, if there is a match about everything desired by both parties, then the conformity of the will is achieved. According to the law of engagement, the moment of unity of choice is when the offer (from the party offering) meets acceptance (by the offeree), which is when an agreement occurs. According to Article 1320 of the Civil Code, a contract is one of the conditions for the occurrence of a deal and the skills of the parties, certain things and objects are lawful. An agreement arises with the conflict of opinion between Indonesian entrepreneurs and foreign entrepreneurs. In the agreement, the parties agreed to jointly establish a joint venture company in Indonesia. Other matters regarding everything related to the joint venture company The agreement to establish a joint venture that has been agreed upon by the parties mentioned above, is then stated in written form and is called an MOU (Memorandum of Understanding). Thus, an MOU is an agreement in written form made and signed by an Indonesian participant and a foreign participant, which contains outline provisions regarding the establishment of a joint venture company and matters relating to the joint venture. The MOU is drawn up in English, although the foreign businessmen come from Japan, Korea, Taiwan, China and others. The points that are outlined in the MOU include the names of participants, the amount of capital that must be paid up by each participant (equity or participation ratio), comparisons and the number of directors or commissioners. After the company was established and operational, this MOU was no longer used. In this case, what is used as a guide is a joint v...
RESULT AND DISCUSSION. ASEAN-China Free Trade Agreement as a Regional International Trade Agreement and the Rules Upon Free trade agreement manifests a free trade between the ASEAN States and China. Free trade is a policy that aimed to exterminate discrimination exports and import activities between states and companies. Consumers and sellers from different economic conditions could voluntarily do trading without the difficult mechanism of government tariffs policy, quotas, prohibitions, or subsidies on goods trading and services. Free trade is the opposite of trade protectionism or economic isolationism (Xxxxxx, 2019). The other meaning of free trade can be described as the extermination of artificial barriers which is usually created by the government in accordance to escalate trade activities between individuals and companies in different countries. China's efforts to establish relations with neighboring countries are growing. Not only between countries but China's cooperative relations have also begun to expand to regional organizations such as ASEAN (Nugraha, 2019). ASEAN- China Free Trade Agreement is a ‘deal’ between ASEAN countries and China to reduce some barriers and in time, expected to deepen the economic linkages between the state parties and to increase the welfare of Indonesian and Chinese people (Xxxxxxxx & Windiani, 2018). The actualization like lower costs also expected to increase the intra- regional trade and investment, escalate the efficiency of the economy, create a larger market as well as larger opportunities and the business scale of economy of the State parties, and enhance the attractiveness of the Parties to capital and talent (Framework agreement on comprehensive economic co-operation between the association of Southeast Asian nations and the people's republic of china, 2002). The ACFTA on Trade in Goods signed in November 2004, this agreement has been improved and revised two times by 2006 and 2010. The modality for tariff reduction and elimination were categorized as either ‘Normal Track’ or ‘Sensitive Track’. For the normal track, all tariff lines in this category have been eliminated by XXXXX-0, Xxxxxx Xxxxxxxxxx, Xxxxxxxxx, Malaysia, the Philippines, Singapore, and Thailand) and China as of 1 January 2012. For Cambodia, Laos PDR, Myanmar, and Viet Nam, tariff elimination has completed by 1 January 2015, with some flexibility afforded to eliminate tariffs on products not exceeding 000 xxxxxx xxxxx by 1 January 2018 (ASEAN, 2014).
RESULT AND DISCUSSION. Based on the findings that the partnership between SMK and DUDI begins with planning, organizing, implementing, and evaluating, in determining the various aspects that will be carried out, this is in line with the opinion of XX Xxxxx that: Management is a unique process, which consists of planning, organizing, mobilizing and controlling actions, which are carried out to determine and achieve predetermined targets through the use of human resources and other sources (Xxxxx, 2010. p.16). The basic concept to be implemented in a partnership between SMK and DUDI is to improve the quality of graduates who are ready to work. This collaboration includes six things, namely: (1). Planning in partnership between vocational high schools and the world of business and industry to improve the quality of graduates who are ready to work; (2). Organizing in partnership between vocational high schools and the world of business and industry to improve the quality of graduates who are ready to work; (3). Implementation in a partnership between vocational high schools and the Business and Industry to improve the quality of graduates who are ready to work; (4). Assessment in a partnership between vocational high schools and the world of business and industry to improve the quality of graduates who are ready to work; (5). Problems in the partnership between vocational high schools and the world of business and industry to improve the quality of graduates who are ready to work; (6). Solutions in partnership between vocational high schools and the world of business and industry to improve the quality of graduates who are ready to work, among others;
RESULT AND DISCUSSION. Collective Labor Agreement as the basis for the rules of labor law that apply at the company work unit level., which is known in English as the Collective Labor Agreement (CLA), or in Dutch as the Collective Arbeids Overenkomst (CAO), has been recognized in Indonesian legal literature based on the provisions of the Civil Code (KUHPerdata). .[2] In Article 1601n of the Civil Code it is stated that, "Labor agreements are regulations made by one or several employers' associations that are legal entities, and or several labor unions with legal entities, regarding work conditions that must be heeded when making work agreements.[3] Law Number 13 of 2003 concerning Manpower Article 1 number 16 states that industrial relations are a system of relations formed between actors in the process of producing goods and/or services consisting of elements of entrepreneurs, workers/laborers, and the government based on the values of Pancasila and the 1945 Constitution of the Republic of Indonesia. This means that in industrial relations there are 3 (three) elements that have their respective functions and duties. The government's function in industrial relations has been clearly regulated in Article 102 paragraph (1) of Law Number 13 of 2003 concerning Manpower. Collective Labor Agreements in the world of Indonesian manpower have also been regulated and confirmed their position as a means to build industrial relations, as stated in Law Number 13 of 2003 concerning Manpower, Article 103 which states that industrial relations are carried out through the following means:
