Settlement Of Claims Research Articles

ADOPTION OF DIGITAL STRATEGY IN HEALTH INSURANCE SECTORWITH SPECIAL REFERENCE TO BHOPAL CITY

Digitalization brought a huge revolution in India. There have been many changes with the introduction of cashless transactions for a cashless economy. There is rapid growth of the digital health insurance market in India. Digital sales of health insurance products have helped customers to get updated and in-depth information about the products and increase the quick online sales, policy issuance and quick claim settlement. A structured questionnaire was designed and data was collected from agents and service providers. The data was analysed and interpreted by applying inferential statistics. The study will help companies to identify the strategies adopted by insurance providers to make digital health insurance popular.

Financial Inclusion among Agricultural Households in Uttarakhand

The present study has examined the extent of financial inclusion and constraints faced by agricultural households in Uttarakhand. The primary data were collected from 60 agricultural households through the personal interview method, supplemented by secondary data to accomplish the objective. The study found that all sample households were financially included in having a bank account. Despite having access to institutional credit, about 22 per cent of sample households also depended on non-institutional sources. Insurance coverage was found to be limited to 55 per cent of households. The usage of modern financial services like Internet banking, mobile banking, and UPI was very low. Major constraints faced by households under study were low income followed by lack of awareness, a requirement of collateral, claim settlement difficulties, irrelevant financial products, and long processing time for loans. Imparting financial education at the school level, organizing financial literacy camps at the village level, promoting insurance products and adopting a targeted approach will encourage the use of financial services among agricultural households.

The art of environmental personhood and the possibility of environmental statehood

This paper examines the impact that the concept of environmental personhood has had on art and culture, and suggests that projects such as The Embassy of the North Sea hint at the possibility of environmental statehood. First, it reviews how the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 – which granted juridical personhood to the Whanganui River in New Zealand – inspired the creation of new works such as Weathering, Embedding: Ochopee Trail, terra0, A Voice for the Eel, and F/EEL. Next, a heuristic model called the agency-personhood continuum (APC) is used to identify the aesthetic tropes of environmental personhood. Analysis indicates that artworks that represent environmental personhood often utilize strategies of amplification, translation, performance, time compression, and metonymy. Finally, this paper seeks to encourage new discussions by suggesting that The Embassy of the North Sea and “Theatre of Negotiations” anticipate the concept of environmental statehood, which has the potential to provide greater protections for natural entities that span multiple countries – such as the Amazon River, the Andes, the Atlantic Ocean, and the Pacific Ocean. Theoretically, environmental statehood could also provide greater representation in supra-governmental assemblies such as the UN General Assembly. Ultimately, this article suggests that the culture-law feedback loop for environmental personhood presents a new ontological paradigm that provides greater recognition of the agency, identity, and sovereignty of natural entities.

The Principle of Legal Certainty in Settlement Bad Credit Through Simple Lawsuit

One of the principles in the Civil Procedure Code is the principle of simplicity, speed and low cost. This is certainly the hope of every individual who is in court. By applying the principle of simple, fast and low-cost justice in the settlement of civil cases, it is hoped that the settlement process will not be delayed and can be completed in a short period of time, so that the costs incurred by the parties are not too high. In terms of realizing the simple, fast and low-cost principle, the Supreme Court (MA) issued Supreme Court Regulation (Perma) Number 2 of 2015 concerning Procedures for Settlement of Simple Lawsuits (Perma Simple Claims) which was stipulated on 7 August 2015 by the Chief Justice of the Supreme Court. The issuance of the Simple Lawsuit Lawsuit is a response to the wishes of the public who need a simpler, quicker and lower cost dispute settlement procedure, especially in simple legal relations. In line with the development of time and the need to settle cases with simple lawsuits, Perma Number 2 of 2015 was subsequently amended by Supreme Court Regulation Number 4 of 2019 concerning Procedures for Settlement of Simple Claims. The principle of legal certainty in simple lawsuit procedures for debtors and creditors in credit agreements is that justice can be realized which includes elements of institutional certainty, mechanism certainty, and various predictive outputs. The application of procedural law must be flexible, not rigid and formalistic, in the interests of justice seekers who always want a simple, fast, inexpensive, thorough and final settlement of cases in accordance with the needs of today's society in Indonesia.

Data Driven Analysis of Insurance Claims Using Machine Learning Algorithm

The insurance industry is undergoing major changes with the integration of big data and artificial intelligence technologies. The design and research of an insurance survey claims system based on big data analysis aims to improve the efficiency and accuracy of insurance claims processing. The system uses image recognition, computer vision systems, language recognition, and other AI technologies to analyze case information and accelerate the speed of insurance claims settlement. The system also includes an intelligent customer service feature that uses AI algorithms such as language processing and big data statistical analysis to provide processing suggestions to policyholders. The system implements an individualized insurance service that collects, stores, and analyzes data on policyholders to create personalized insurance products and perform precise marketing. Big data analysis in the insurance personalized service primarily uses association rule analysis, classification and clustering analysis, and change and deviation analysis to improve the service. The one-click reporting function simplifies the reporting process for policyholders, allowing them to report a case from anywhere at any time. The intelligent claims processing feature separates liability in claims cases and deals with non-controversial cases through the use of AI, shortening the processing time and reducing manpower costs. The insurance survey and claim system has undergone five iterations under an agile development model and has achieved the goals of personalized insurance services, one-click reporting, intelligent claims processing, and intelligent customer service. The practical application results demonstrate that the system can improve the efficiency and accuracy of insurance claims processing while also providing policyholders with a more convenient and personalized experience. In conclusion, the design and research of an insurance survey claims system based on big data analysis has the potential to revolutionize the insurance industry and greatly benefit both insurance companies and policyholders

Pelaksanaan Gugatan Sederhana di Pengadilan Negeri dalam Perspektif Kepastian Hukum

Simple lawsuits in Indonesia are used formally in the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2019 concerning Amendments to Supreme Court Regulation Number 2 of 2015 concerning Procedures for Settlement of Simple Claims (PERMA Number 4 of 2019), which is a provision of Article 1 point 1. A simple lawsuit is defined as a settlement procedure in civil cases with certain conditions and limitations that aim to simplify the process of examining cases before a court of law so that the settlement is faster and is specifically applied to contract disputes (default/default) and claims for losses due to unlawful acts. . The general principle in settling a case in court is as explained in Article 2 paragraph (4) of Law Number 48 of 2009 concerning Judicial Power which requires that trials be carried out simply, quickly and at low cost. This study aims to find out about the implementation of simple lawsuits in the District Court from the perspective of legal certainty. The research method used is descriptive analysis with a normative juridical approach. The sources of data used in this research are primary, secondary, and tertiary legal materials. All data obtained and collected is then used and understood the truth that has been obtained from research results to look for relationships between one another

越境する在韓被爆者と日本の連帯運動

This paper examines the aspects of the border-crossing actions of Korean atomic bomb survivors in South Korea and the solidarity movements that arose in Japan around these actions, with a focus on the “illegal entry” by Son Gwi-dal and the attempt of seeking for medical treatment in Japan by Eom Bun-ryeon and Im Bok-sun in 1968. Using testimonies and writings of A-bomb suvivors, journalists' reports, documentary films, newspaper articles, and diplomatic records, the paper highlights the meaning and historical significance of their crossing-border actions and Japan's citizens' solidarity movements.
 Incident was an act of crossing a boundary drawn by the law and treaty that ignored colonial responsibility, which aimed to “resolve completely and finally” through the Korea-Japan Claims Settlement Treaty. Their atempts to cross the boundary were not only to cross the border established between Korea and Japan, but also to cross the boundary between Japanese victims in Japan and those overseas.
 In the late 1960s, some Korean atomic bomb survivors emerged as people who appealed for compensation to the Japanese Embassy in South Korea, wrote their experiences as victims, or expressed their situation and hopes in meetings, films, and books, rather than being merely objects of pity. We consider Son Gwi-dal, Eom Bun-ryeon and Im Bok-sun's stowaway as symbolic actions that mark the beginning of Korean atomic bomb survivors' emergence as agents.
 Meanwhile, their border-crossing acts greatly shocked those who were engaged in Japan's anti-nuclear power movement or civil society. Those who became interested in Korean atomic bomb survivors recognized their historical significance through their border-crossing acts and introduced their writings and meetings, published books, made and screened films, and sought solidarity with them by reflecting on the nationalistic “peace” that regarded the atomic bombing victims of Hiroshima and Nagasaki as sacrifices of “post-war Japanese” and positioning Korean victims of colonialism in history, thereby questioning the Korea-Japan Treaty System that disregarded colonial responsibility.

Policing, citizenship and the civil courts: how increased settlement of civil claims has impacted police accountability

Abstract It is recognised that civil litigation has a place within the police accountability infrastructure. However, the role of actions against the police for wrongful arrest, false imprisonment, assault, and malicious prosecution (hereafter police actions) is underexplored. Taking citizenship as its analytical frame, this paper probes the relationship between police actions and the police complaints and discipline system over the last 60 years. Its primary focus is the Court of Appeal decision Thompson v Commissioner of Police of the Metropolis, Hsu v Same [1998] QB 498 (Thompson). Here the potential for police actions to expose questionable police responses to officer misconduct, and failings in external oversight mechanisms, came into conflict with the drive towards proportionate civil justice. In prioritising the latter, Thompson increased police autonomy over settlement of police actions, thereby deprioritising the role of the courts in demarcating the limits of state interference with citizens’ rights. It is not suggested that Thompson should be overruled. Instead, it is contended that recognising the impact of the decision on subsequent reforms to police accountability processes and contemporary conceptions of the police-citizen relationship is crucial to understanding the roots of current disquiet concerning police accountability (and therefore to the development of meaningful reforms).

CLAIMS MANAGEMENT PRACTICES AND COMPETITIVE ADVANTAGE OF LISTED INSURANCE COMPANIES IN NIGERIA

Claims settlement is critical to insurance firms as it serves as a tool for compensation to policyholders who experience sudden losses which brings relief to the receiver and promotes competitive advantage of the firm if timely and efficiently managed. Despite the importance of the claims management practices, some insurance firms pay little or no attention to this process leading to poor administration and loss of clients’ confidence. This study examined the effect of claims management practices on competitive advantage of listed insurance companies in Nigeria. Survey research design was adopted. The target population of the study are the full-time top management employees of the listed insurance companies in Nigeria with a total population of 2183. A sample size of 776 was determined using Krejcie and Morgan (1970). Proportionate stratified sampling technique was adopted. A validated questionnaire was used to collect data. Cronbach’s alpha reliability coefficients for the constructs ranged from 0.772 to 0.955. The response rate was 86.5%. Data were statistically analysed using descriptive and inferential statistics. The results revealed that claims management practices have significant effect on competitive advantage of the selected insurance companies in Lagos State Nigeria (Adj.R2 = 0.808; F (5, 655) = 554.770, p < 0.05). The study concluded that Claims management practices dimensions have significant effect on firm profitability of listed insurance companies in Lagos State, Nigeria. It is recommended that the management of insurance companies in Nigeria need to embrace more innovative tools. They should particularly maintain the control processes to convince clients to continue their premium payments with guarantee returns on investment and interest which bring significant cost advantage and competitiveness.

CLAIMS MANAGEMENT PRACTICES AND FIRM PROFITABILITY OF LISTED INSURANCE COMPANIES IN NIGERIA

The insurance sector provides financial protection for policyholders by pooling and investing premiums from which those who experience unforeseen losses are compensated. As a result, an efficient and timely claims settlement by insurance companies has been identified as a measure with the potential to boost the industry's growth and profitability. However, many insurance companies struggle to consistently improve their claims operations due to a poor claims process and unrecognized claims department staff, which Chief executive officers hinder their performance. This study examined the effect of Claim management practices and firm profitability of listed insurance companies in Nigeria. Survey research design was adopted. The target population of the study are the full-time top management employees of the listed insurance companies in Nigeria with a total population of 2183. Sample size of 776 was determined using Kerjcie and Morgan (1970). Proportionate stratified sampling technique was adopted. A validated questionnaire was used to collect data. Cronbach’s alpha reliability coefficients for the constructs ranged from 0.772 to 0.857. The response rate was 86.5%. Data were statistically analysed using descriptive and inferential statistics. Findings revealed that claims management practices have significant effect on profitability of the selected insurance companies in Lagos State Nigeria (Adj.R2 = 0.840; F (5, 655) = 695.900, p<0.05). 17.928, p < 0.05). The study concluded that Claims management practices dimensions have significant effect on firm profitability of listed insurance companies in Lagos State, Nigeria. The management of insurance companies in Nigeria should develop a policy to link claims management ancillaries and departments in order to make the sector profitable and sustainable in the long run. Such a policy would be the anchor of actions adopted by or proposed by the firms in matters pertaining to market dominance.

Pozasądowe prawne modele kompensacji szkód medycznych – analiza prawno-porównawcza

The article addresses the topic of alternative legal models for pursuing out-of-court claims for medical damages, taking as its starting thesis the inefficiency of the Polish model stemming from its faulty legal construction. The purpose of the article is to conduct a legal analysis of the Polish alternative model of medical damage compensation, with particular attention to de lege ferenda postulates presented in the legal doctrine. In addition, in order to show the possible directions of legislative changes, the article presents the characteristics of selected foreign alternative models of medical damage compensation, including the model operating in New Zealand, which is an example of a model that can be classified as ‘no-fault’, the German model and the French model. The article culminates with an analysis of the draft of the Law on Quality in Health Care and Patient Safety to the extent that the draft provides for a new legal regulation of the alternative model for the out-of-court settlement of medical damage claims. The purpose of this analysis was to see whether the legislator has recognized the demands for change articulated in the legal doctrine, and whether the draft law on quality in health care and patient safety is inspired by solutions adopted in foreign legislation in terms of the legal construction of the alternative model of compensation for medical damages. The analysis here confirms the initial thesis of the work and leads to the conclusion that the draft law on quality in health care and patient safety takes into account many proposals constructed in the legal doctrine in connection with regulating an alternative model for the compensation of medical damages. It is also clear that the proposed model is inspired by some solutions that have been successful in other countries. Nevertheless, the article distinguishes proposed regulations that may still raise doubts and reservations.

Challenges, Issues, and Recommendations for Blockchain- and Cloud-Based Automotive Insurance Systems

Despite the rapid expansion in the insurance industry, many issues remain unresolved and may require immediate action. As the insurance sector continues to evolve with the development of new technologies, it faces more challenges, especially related to data security and fraud. The fraud-prevention data and tactics presently used by insurance firms are outdated and ineffective. Additionally, insurance firms have traditionally handled the settlement of all consumer claims through lengthy manual processes. These manual processes need to be changed to provide opportunities for insurance businesses to grow. In the case of vehicles, the information obtained from an automobile data recorder can be used as evidence. Data from automated vehicles are critical because they can help the police, law enforcement agencies, and insurance companies to reconstruct the events leading up to a collision. Insurance companies require the forensic analysis of accident videos, which is a time-consuming process and involves a large amount of storage. Due to hardware limitations and associated costs, the current standalone (and often dedicated) computing infrastructures used for this purpose are quite limited. Previous research focused on simple video analysis tasks within cloud computing and blockchain technology. The requirements for a large-scale auto-insurance system are quite high and need more thorough investigation. In this paper, a review of the contribution of recent approaches to storing accidental data in cloud computing using blockchain is provided. We focused on the latest cloud and blockchain studies related to auto-insurance along with the related issues and challenges. Some useful solutions and recommendations are provided to address the identified issues and challenges in the cloud-based and blockchain-based auto-insurance sector.

Tinjauan Maqashid Syariah terhadap Penyelesaian Klaim Produk Asuransi Jiwa Brilliance Hasanah Sejahtera di PT. Sun Life Financial Indonesia Cabang Medan


 This study aims to determine the process of resolving claims for the Brilliance Hasanah Sejahtera product and to review it from the Maqashid Syariah aspect. The type of research used is descriptive research with a qualitative approach, namely research that provides an overview of the situation being studied in the form of a narrative description. The conclusion of this study is that the settlement of Brilliance Hasanah Sejahtera life insurance claims is in accordance with the specified conception which consists of notification of claims, submission of claim files, investigation of claim files, and payment of claims. Then in the process of settlement of Brilliance Hasanah Sejahtera life insurance claims in terms of maqashid sharia aspects, PT Sun Life Financial Indonesia Medan branch has realized maqashid sharia in the aspects of hifzh ad-din (property protection) and social benefit. The forms of hifzh ad-din (property protection) in the settlement process for Brilliance Hasanah Sejahtera life insurance claims at PT Sun Life Financial Indonesia Medan branch are: the false. Second, the management of claim funds in the form of tabarru funds is issued with sharia values ​​and does not contain elements of usury. Third, the administration of fund claims can be quickly provided to customers because the investigation of claims submission is carried out in a fast, responsive and strict procedure so that handling feels safe for customers and the company. And fourth, claims for payment of funds are made by transferring to each customer's account, so there is no need to worry about fraud or elements of gharar. However, the hifzh ad-din (property protection) aspect in the claim settlement process cannot be separated from other aspects of maqashid sharia which include hifzh ad-din (religious protection), hifzh an-nafs (life protection), hifzh al-aql (protection of reason) and hifzh an-nasl (protection of offspring) because all aspects of maqashid sharia influence one another. In the realization of the benefit of the existing maqasyid sharia values, the level lies at the first level, namely dharuriyat.
 Keywords: Maqashid Syariah, Claims, Life Insurance, Brilliance Hasanah Sejahtera

Interdisciplinarity and research on the institutes of Civil Procedural Law: the case of the incident of resolution of repetitive demands

In legal research, the tendency has been the prevalence of legal theoretical-conceptual issues, centered on a disciplinary model, especially for the resolution of problems of a practical-professional nature. Considering the complexity that involves professional interdisciplinary research, the article aims to discuss the theoretical-methodological assumptions that may enable the dialogical analysis between distinct areas of knowledge to solve, at the practical-legal level, issues related to the repetitive claim settlement incident. To meet the proposed objective, we initially presented considerations on the importance of interdisciplinarity as a place of scientific production and its methodological face in the development of legal research. Next, we pointed out the theoretical-dogmatic analyses about the institute that is the object of the research in order to, in the context of complex knowledge, consider the contingencies of the factual reality that are not solved only from the specialty of one area, but demand other reflections and the interaction of content and methods from other fields of knowledge. Finally, in the form of brief considerations, reflective proposals were presented for the opening of interdisciplinary and professional analysis in the search for solutions to problems that make the relational dynamics in contemporary society increasingly complex.

Evaluation of the Crop Insurance Performance in Haryana

Abstract Subject and purpose of the work The purpose of the study is to evaluate the overall physical and financial performance of the crop insurance schemes in Haryana. Materials and methods The study was purely based on secondary data collected from the Department of Agriculture and Farmer Welfare Union of Haryana. The compound annual growth rate and the percentage method have been used to analyse the performance of Pradhan Mantri Fasal Bima Yojana. Results The compound annual growth rate of benefited farmers was higher in the Rabi crop (28%), and in the same way, the overall area covered (1.4%) was also higher in the Rabi crop. The non-loanee farmers adopted Pradhan Mantri Fasal Bima Yojana (PMFBY) without any kind of loan in any scheme such as the Kisan credit card. The growth rates of non-loanee farmers of Rabi and Kharif crops were observed at 143.2% and 184.3% which was highly satisfactory. Loanee farmers were already large in number since the commencement of PMFBY. Conclusions It was found that the parameters such as area covered, loanee, non-loanee farmers and the number of beneficiaries of Rabi and Kharif crops increased and had a significant effect on the farmer’s coverage over the years. Pradhan Mantri Fasal Bima Yojana gives a positive assurance to farmers. As the number of beneficiaries of this scheme increases and farmers have the assurance that if their crop is damaged due to natural calamities their claim will be settled, they will use a high-yielding variety of seeds, pesticides, herbicides, and new technology, thus production and productivity will increase. They play a vital role in the coverage of cultivated area and will ultimately decide to participate in crop insurance. Hence, this scheme has proved effective in maintaining the farmer’s interest in crop insurance and ensuring the timely settlement of claims, which has been the main driving force in retaining farmers under crop insurance.

Technology Assessment Using Satellite Big Data Analytics for India's Agri-Insurance Sector

Over half of India's employment is attached to the agriculture sector and their survival is dependent on the performance of farms. The uncertainty in the performance of farms due to weather fluctuations and other risks is tackled by providing insurance cover. However, policymakers’ choice of administrative measures for estimating crop loss has resulted in inaccurate data collection, opened vulnerability to the politicization of the process, and created bottlenecks to operate at scale. These problems have led to skewed timelines for data collation, lack of confidence in the data produced by the agri-insurance providers, and caused long-drawn delays in settling claims made by farmers. In this article, we present a case study on the assessment of using satellite big data as a technology deployed in Northern India to solve the aforementioned problems between the stakeholders in the agri-insurance claim settlement process. Satellite big data based analytics provides an independent data source and decision-making platform for the agri-insurers to conduct an assessment for calculating the indemnity payments. The results showcase how transparency brought in by the satellite big data analytics curbs the plausible exploitation of the claim settlement process and leads to increased efficiency and efficacy in settling farmer claims.

GUGATAN WANPRESTASI TERHADAP TUNGGAKAN PEMBAYARAN BARANG FARMASI KEPADA PERUSAHAAB DISTRIBUTOR FARMASI (Studi Putusan Nomor 15/Pdt.Gs/2022/PN.Tjk)

Default comes from the Dutch language "wanprestastie", which means non-fulfillment of achievements or obligations that have been assigned to certain parties in an engagement, both agreements born of an agreement or agreements arising from a law. According to the Legal Dictionary, default means negligence, negligence, default, not fulfilling its obligations in the agreement. Legal Consequences of Default Against Arrears in Payment of Pharmaceutical Goods to Pharmaceutical Distributor Companies in Decision Number 15/Pdt.Gs/2022/ PN. Tjk is that Muhamad Sutedjo must pay his payment obligations to the Plaintiff Rp. 113,424,307.50 (one hundred thirteen million four hundred twenty four thousand three hundred seven rupiah and fifty cents). And plus paying interest of 6% (six percent) per year from IDR 113,424,307.50 (one hundred thirteen million four hundred twenty four thousand three hundred seven rupiah fifty cents) starting from June 14, 2022 (due date of subpoena second from the Plaintiff) until this decision was read out and the Basis for consideration of the Judge in imposing a decision on default in the arrears of payment for pharmaceutical goods to a Pharmaceutical Distributor Company in Decision Number 15/Pdt.Gs/2022/PN.Tjk is based on the provisions in Article 1320 KUH Civil requirements for the validity of an agreement, Article 1925 of the Civil Code Jo Article 163 HIR/283 RBg because the Defendant did not dispute, Supreme Court Jurisprudence Number 063 K/PDT/1987 concerning Addition of interest of 6% of the principal amount of the loan and Article 18 paragraph (1) Perma Number 4 of 2019 concerning Amendments to Perma Number 2 of 2015 concerning Procedures for Settlement of Simple Claims.

Integrated secure distance bounding and hardware-based security: A case study for the insurance claim verification of farmers during COVID-19.

Given the rapidly evolving developments in Fintech, Insurtech, Open Banking, and Mobile Money business models in recent years, the capability for ensuring strong authentication remains the most pressing need for the protection of security and privacy of data in this sector as in many other areas. The security-integrity of insurance and financial transactions and workflows is vitally dependent on access control mechanisms to deliver strong multi-factor authentication (MFA) with operationally acceptable latency and throughput to support real-time response, particularly as demanded by the increasing online and mobile financial service models. The Critical-Chains Project was motivated by the above objectives as underpinned by the overarching commitment to accountability engineering as required by the operational logic. This must be crucially supported by real-time hardware-enabled services comprising authentication (including Distance Bounding and Prover's Proximal Location Presence Verification), hardware security and cryptography (AUTH-as-a-Service, Hardware-Security-as-a-Service, Cryptography-as-a-Service) as delivered through the Critical-Chains main framework. This paper reports on the development and evaluation of the innovative Hardware-enabled authentication and security capabilities of the Critical-Chains framework which is successfully validated in the context of financial services, specifically the insurance claim settlement application domain, and can also be deployed in any other domains where trusted authentication and specific location-time bound prover's presence verification is required.

Comparison of Dispute Resolution Provisions between the Joint Contract Tribunal and the Iraqi Standard Bidding Document

Due to a party's violation of his obligations or responsibilities indicated in the contract, many engineering projects confront extensive contractual disputes, which in turn need arbitration or other forms of dispute resolution, which negatively impact the project's outcome. Each contract has its terms for dispute resolution. Therefore, this paper aims to study the provisions for dispute resolution according to Iraqi (SBDW) and the JCT (SBC/Q2016) and also to show the extent of the difference between the two contracts in the application of these provisions. The methodology includes a detailed study of the dispute settlement provisions for both contracts with a comparative analysis to identify the differences in the application of these provisions between the two contracts. The research results revealed several differences, the most important of which is that the engineer has a dual role in Iraqi (SBDW). On the one hand, he is appointed by the employer to carry out specific duties under the contract. On the other hand, the engineer also has powers related to the settlement of claims and this first level of conflict avoidance between the two parties, Unlike the SBC/Q2016 contract, which appoints a neutral third party to mediate the problem. In addition, resolving disputes between the two parties, according to the ‎Iraqi (SBDW), needs a long time compared with JCT-SBC/Q2016.‎

Pengaturan Perjanjian Internasional Dan Relevansinya Dengan Klaim Pulau Dokdo Berdasarkan Perjanjian San Fransisco 1951

Introduction: The Dokdo Island dispute is one of the disputes involving Japan and South Korea. Both Japan and South Korea still hold fast that Dokdo Island is part of their country's sovereignty.Purposes of the Research: The purpose of this paper is to find out and examine the arrangement of international agreements in claiming an area as well as to find out and examine the settlement of claims made by Japan against Dokdo Island based on the 1951 San Francisco Agreement. Methods of the Research: The type of research used in this research is normative juridical (normative legal research type), which is an approach that is carried out by researching or studying well library materials or literature studies. Especially to examine the provisions of positive law, legal principles, legal principles, and international law doctrines in order to answer the legal issues faced.Results of the Research: The results of this study indicate that the emphasizes that an international treaty dispute must be resolved by peaceful means in accordance with the principles of justice and international law. The 1951 San Francisco agreement itself does not explain the arrangement of international agreements in claiming an area, either directly or indirectly bordering areas. Because the San Francisco agreement itself was a peace treaty between Japan and the Allies to end World War II. Various dispute resolution efforts have been carried out such as diplomatic and judicial settlements, but until now the right way to resolve the Dokdo Island dispute has not been found. Based on the contents of the 1951 San Francisco Agreement, there was no discussion related to the settlement of the Dokdo island dispute between Japan and South Korea or other international disputes because the agreement was only a peace agreement between Japan and its allies in ending World War II. However, there are several ways of resolving disputes that can be taken by both parties, both through non-litigation and litigation channels, such as through mediation, negotiation to settlement through the International Court of Justice.