Collective Settlements Research Articles

Wanprestasi dalam Perjanjian Kesepakatan Bersama Menurut KUH Perdata (Studi Kasus Putusan Perkara Nomor 488/Pdt.G/2016/Pn.Jkt.Sel)

The Problem of Default in the Collective Agreement in Case Decision Number 488/Pdt.G/2016/PN. Jkt.Sel. who was appointed due to a dispute over a Collective Agreement Agreement between the plaintiff and the defendant against an object of resale and purchase of land and buildings, in the APKB made before the South Jakarta Notary. The research method used is the normative juridical method, which is literature research with an approach that is carried out based on the main legal material related to the object of research. The research method used is the normative juridical method, which is literature research with an approach that is carried out based on the main legal material related to the object of research. Based on the results of the research, it was found that the legal act of default occurred in Case Decision Number 488/Pdt.G/2016/PN. Jkt.Sel in the Collective Agreement is where the defendant is not willing to sell the building to the plaintiff and even the defendant makes a unilateral requirement even though the obligation to sell to the Defendant is part of the collective agreement that has been stated in the Deed of Collective Agreement that was made, and the consequences of the law of default in the Collective Agreement Agreement in Case Decision Number 488/Pdt.G/2016/PN. Jkt.Sel is against the Defendant who is convicted of default and the Plaintiff has the right to buy back the land and buildings aquo in accordance with the Deed of Collective Settlement Agreement

DINAMIKA HUBUNGAN ANTARA AGAMA LOKAL, AGAMA RESMI, DAN NEGARA

Discrimination against local religions frequently imposes stigmas on Indonesian society, resulting in long-term trauma for their adherents. This does not always result from the perpetrators or the religious practices they perform. Religious institutions and associative organizations that can be formalized by using adherents of certain religions have a huge hand in the dynamics of inter-religious relations. This function cannot be separated from religious elites who have religious authority and create their own personal privileged space to determine collective settlement on the production and reproduction of religious values and teachings, potentially creating problems in religious construction. The writer analyzes this problem with a structural-functional paradigm of the way state rules on serving local religions that used to be discriminatory have been modified. This study aims to look at assumptions based on social stigma towards adherents of local religions and find a resolution to these problems. Its goals are to enhance understanding of the practices of beliefs and local cultural ancestral wisdom, form inclusive religious awareness, and construct positive and moderate inter-religious relations in Indonesia. The consequences show that discrimination in opposition to local religions can be reduced by tightening the socialization of government policies via the participation of religious institutions and associative agencies.
 Keywords: Local religions, religious institutions, government policies.

The ideology of establishing Israeli museums during (1930-1983)

The study aimed to identify the ideology of establishing Israeli museums during (1930-1983), by analyzing the goals of building museums in a period of time starting from their development in the “kibbutz” collective settlements until the approval of the Museums Law in 1983. The study concluded that there is a diversity in the Israeli ideology in building museums, represented by the competitiveness of the diverse Jewish culture in Israel, and its role in documenting the Jewish Holocaust, which attracted the public’s sympathy about the experience of the persecution of the Jew, while the kibbutz museums focused on the Holocaust from another perspective by depicting the experience of The ghetto fighters in their confrontation with the Nazis, which confirms the lack of unification of the vision from the Holocaust museums, whether the experience of persecution or resistance, while there was an ideology in the development of museums represented in documenting the historical narrative and linking modern Israel with the ancient history of the Jews. Finally, the museums focused on documenting the experience of the military force that had a role in establishing Israel after they killed the Palestinians and expelled them from their land in 1948. It became clear that the Israeli museums were random targets until the Knesset passed the Museums Law in 1983 to organize and define the objectives of the museum in Israel.
 Originality/Value: This study investigates the ideology behind the Israeli museum establishment from 1930 to 1983. It reveals diverse motivations, particularly in representing Jewish culture and documenting the Holocaust. The study also uncovers contrasting narratives within Holocaust museums and highlights the role of museums in documenting historical narratives and the military's role in Israel's establishment. The enactment of the Museums Law in 1983 marked a significant step in regulating and defining the objectives of Israeli museums.

Combining methods of sale of bankruptcy debtor's property

Serbian Law on Bankruptcy provides for three methods of sale of bankruptcy debtor’s property: public auction, public collection of offers and direct agreement. The case law raises the question of the (im)possibility of combining the methods of sale of the bankruptcy debtor’s property. For example, the question arises whether it is possible to sell the bankruptcy debtor’s property, firstly, by conducting a public collection of offers, and after that a public auction, in order to reach the highest possible value of the bankruptcy debtor’s property. Hence, the main question in this paper is whether it is possible to combine the methods of sale of the bankruptcy debtor’s property, if it represents a way of achieving the highest value of the bankruptcy debtor’s property. This issue is important, given that the main aim of bankruptcy shall be to ensure the most favorable collective settlement of bankruptcy creditors by achieving the highest possible value for the bankruptcy debtor’s property.

Theatrical performance as a transnational vehicle: David Bergelson’s I Shall Not Die but Live in Mandatory Palestine

ABSTRACT David Bergelson’s “I Shall Not Die but Live” takes place during the Nazi invasion of the USSR, in a collective settlement adjacent to an agricultural experimentation farm in the Ukraine. The world premiere of the play took place in Habima in May 1944. It was the first theatre production performed in an Eretz-Israeli theatre to deal with the extermination of the Jews during the Holocaust. This article follows the transnational network facilitated by this play, its production and public discourse, and explores how this play imported into the Yishuv a symbolic conceptualization of the Holocaust and the Jewish struggle against Nazism. The article points to the centrality of the transnational Jewish cultural mechanism in the shaping of a national, Eretz-Israeli Jewish identity.

“Andrà Tutto Bene/ Ça Va Bien Aller”: Critical Impressions of the Collective Access to Justice Provided in the Model European Rules of Civil Procedure from a Quebec Perspective

Class actions have been on the rise around the world. They have elevated the global consciousness and crystallised the relevance and importance of collective procedures that can be brought in the name of a group of victims with similar or identical harms. In 2020, Europe has unambiguously directed that Member States must offer collective redress mechanisms in the European Rules of Civil Procedure 2020 (ERCP) and a Directive on representative actions for the protection of the collective interests of consumers. By these Rules, a model for national legislatures was provided, along with a set of converging tendencies in civil procedure across Europe. This article provides a critical commentary of the ERCP collective redress regime, from a Canadian class actions standpoint, and particularly, in light of Quebec’s mixed procedural law regime, its “collective action” mechanism, and empirical data collected by the University of Montreal Class Actions Lab over a 25-year period. Precisely, it addresses a few of the main characteristics of access to collective judicial redress and access to collective settlements, and provides in conclusion some comparative thoughts about future implementation and court interpretations of the Rules.

Are Class Actions Finally (Re)conquering Europe? Some Remarks on Directive 2020/1828

The article provides a brief overview of the background of the new European Union directive on representative actions for protection of the collective interest of consumers (Directive 2020/1828). It describes the basic elements of the directive and explains the major changes that have occurred since the European Commission issued its Recommendation document on collective redress in 2013. The author highlights the issues of the scope of application of the directive, of legal standing to bring a representative action, of collective settlements, and of the problem of funding for collective actions. This discussion puts emphasis on the need to extend legal standing to individual members of the group and articulates an appeal to national legislatures, particularly in Germany, to be more open-minded towards commercial litigation funding and the establishment of a public access-to-justice fund designed to guarantee the effectiveness of Directive 2020/1828 and its implementation.

<i>Payment Systems Using Collective Settlement Units at the National and Regional Level</i>

<i>Payment Systems Using Collective Settlement Units at the National and Regional Level</i>

Janusz Korczak’s visits to Palestine in 1934 and 1936

ABSTRACT Janusz Korczak is known for his pedagogical methods and for the fate he suffered in the Warsaw Ghetto. We are less familiar with his interest in the image of the ‘New Jew’ and the Zionist movement of his time. This article attempts to introduce unknown ties that Korczak created with the collective settlement in Mandatory Palestine, and to shed light on his two visits at the kibbutz where he stayed, in 1934 and 1936. The article uses, among other sources, interviews with several of Korczak’s orphans who survived, and with those who accompanied him on his visit.

SEGREGASI PASCA KONFLIK, COMMUNAL DISCOURSE DAN MATERIAL CULTURE BAGI PENGUATAN AGAMA DAN KEBANGSAAN DI MALUKU

There are many impacts of the conflict Ambon that occurred years ago which are still found in society. Two of them are collective trauma memory and settlement religious-based segregation. The focus of this article is the communal discourse on the settlement pattern of religious-based segregation. The theory as the basic perspective of this study is a socio-linguistic theory developed by Norman Fairclough through Critical Discourse Analysis Approach. The principle notion of this approach is that discourse has an important role in shaping a society. Therefore, the aim of this article is to remind all that because of the complexity faced by the society after the conflict, trust-building, and trauma-healing are programs that all must work on, especially when one talks about religion and nationalism in the Moluccas context.

Transatlantic enforcement of Dutch collective settlement judgments: the case of Canada

This article aims to discuss the enforcement of foreign collective action and settlement judgments in Canada. More specifically, it investigates the enforceability of the decision by the Amsterdam Court of Appeal declaring binding a class settlement in the Ageas case. The development of the Netherlands into a prime venue for (cross-border) collective settlements – including with respect to claimants and defendants residing across the Atlantic – renders a discussion of the enforceability of court decisions pertaining to the collective settlement of disputes of interest from a Dutch, EU and extra-EU perspective.

From Injunction and Settlement to Action: Collective Redress and Funding in the Netherlands

The Netherlands is internationally known for its collective settlement mechanism that was introduced in 2005. In a small number of cases with a global outreach this settlement regime has proven to be effective. However, its application relies on the willingness to conclude a settlement agreement and to have it declared binding by the court. A collective action regime had been in place for decades, but was limited to injunctive and declaratory relief. After years of discussion the collective redress system was ‘upgraded’ by introducing a collective action procedure for damages in 2020. While the intention behind this latest addition can be welcomed as an effective collective action system in this regard was lacking, some of its features are also subject to criticism and have raised doubts as to whether the new Act is an improvement. That is especially the case with respect to actions filed for declaratory and injunctive relief by so called ‘ideological claimants’. Another crucial aspect for the effectiveness of collective redress mechanisms in general, but particularly with respect to monetary relief, is the availability of funding. The different modes of financing litigation, are the topic of extensive debate. In particular third-party funding as a solution to enable expensive collective actions to take place, has gained critical attention in Europe, even though it may prove to be the only available or viable funding option in the international context. This chapter dis-cusses developments in collective redress in the Netherlands with a focus on the issue of funding and on the position of the Netherlands collective redress regime in the European and international context. It concludes that if the Netherlands is to continue to hold its predominant position in Europe in relation to collective redress, that will not be because of the new law, but because of the creativity of lawyers, the pragmatism of the Dutch courts and the willingness of funders to rely on both.

FLOOD ADAPTIVE SETTLEMENTS TOWARDS URBAN DEVELOPMENT IN THE RIPARIAN OF MEUREUDU RIVER, ACEH PROVINCE, INDONESIA

Meureudu Riparian in the past was a place of a collective settlements; it was then developed to become a Meureudu City in Aceh Province, Indonesia. Initially, it was formed as traditional fishermen settlements but now has shifted into semi-modern settlements. However, the settlements developed sporadically to form an unplanned pattern of settlements. This condition resulted in low maintaining river and non-adaptive existence of the dwellings with the environment. Floods occur repeatedly in the river that affected great lost to the community. This study aimed to propose residential pattern design and adaptive settlements with Meureudu River riparian. Easy access roads to markets will facilitate economy growth to the people. This will also cause large numbers of unbridled migrants to enter and build settlements. In this study the a combination of quantitative methods based on interview data and questionnaires and qualitative exploratory methods based on field observation were used. The data were collected through observation, field measurement and secondary data sources. The results show that the condition of settlements along the river basin do not reflect the culture of the river. In order not to further aggravate the condition of the settlement and its impact on the occupants, we recommended two types of houses, namely in the form of stage and non-stage. The stage houses are located on the riverfront with an orientation overlooking the river. Additionally, undersea area can be used as security from the puddle of river water runoff during the flood and as a garden area and public while dry­­, while at a distance of 100 meters from the river non-stage houses form would be built because the runoff of flood water no longer affects the occupancy.

Ecological correlates of group integrity among dispersing cliff swallows.

Breeding colonies of birds represent groups of individuals that associate during one breeding season, at least partially dissociate for the non-breeding season, and may re-associate the next year through collective settlement at another breeding site. Little is known about the extent to which colonial birds maintain group integrity when occupying different sites in different years or the benefits of long-term associations among colonial individuals. For cliff swallows (Petrochelidon pyrrhonota) in western Nebraska, USA, we examined ecological correlates and potential benefits associated with group integrity. Using a dataset of over 25,000 individuals, we found that associations between dispersing cliff swallows were greater than would be predicted by purely random settlement among colony sites. The extent of group integrity varied widely among sites, with birds seeming to settle together more often at sites with fewer ectoparasites and at colonies similar in size and closer in physical proximity to the one they had previously occupied. Some associations of birds lasted three years in which they used a different site each year. Successful colonies had higher levels of group integrity among their settlers than did colonies that failed completely. Cliff swallows that were known to have settled with at least one conspecific from the previous year's site had a higher survival the next year than those not known to have settled with past residents. The results are consistent with cliff swallows choosing colonies based in part on parasite load and with sorting among colonies based on the birds' preferences for colonies of certain sizes.

Exploring the Nexus between Displacement and Land Administration: The Case of Rwanda

In conflict situations, many people are displaced because of hostility and arms in the area. Displaced people are forced to leave behind their properties, and this in turn interrupts the relationship between people and their land. The emergency period in particular has been identified as a weak point in the humanitarian response to land issues in post-conflict situations. In addition, during this period of response, most post-conflict governments do not prioritize land administration as an emergency issue due to other social, economic, security, and political challenges, which countries face in the immediate aftermath of the conflict. In the longer run, this results in post-conflict illegal land occupation, secondary occupation, numerous disputes and claims over land, and dysfunctional government institutions that legalize these illegal and secondary occupations. This research explores the nexus between displacement and land administration in a post-conflict context. It uses empirical data from fieldwork in Rwanda, and discusses how government interventions in land administration in emergency and early recovery periods of post-conflict situations affect future land administration during the reconstruction phase. The post-conflict Rwandan government envisaged proper land administration as a contributor to sustainable peace and security as it enhances social equity and prevents conflicts. Thus, it embarked on a nationwide systematic land registration program to register land all over the country with the aim of easing land administration practices and reducing successive land-related claims and disputes. However, the program faced many challenges, among which were continuous land claims and disputes. Our research anticipates these continued land claims and disputes are due to how land issues were handled in the emergency and early recovery period of the post-conflict Rwanda, especially during land sharing initiatives and Imidugudu (collective settlement policy).

Class Actions and Arbitration: Alternative Approaches Based on the (Ever Evolving) Dutch Experiences with Collective Redress

This article first aims to contribute to an understanding of the Dutch regime for collective redress against the background of pending discussions on the possibility, desirability, and practicability of the settlement of mass claims by means of arbitration. Secondly, it assesses to what extent arbitration may play a part in the Dutch context. The article proceeds in two sections. After the introduction, section 2 analyses the Dutch collective redress regime. It is concluded that Dutch law does not allow for class action arbitration. This, however, does not mean that arbitration cannot play a part under Dutch law in the context of collective redress. It is submitted in section 3 that Dutch law provides for two options. First, an arbitral tribunal may be engaged to assess whether a collective claim at law exists. This mechanism allows collective claim vehicles and (purported) wrongdoers to assess their position at law in the realm of a confidential arbitration. In this context arbitrators serve as facilitators to a collective settlement that is subsequently brought before the court in order to be declared binding. Secondly, disputes over rights of individual claimants under a settlement agreement that has been declared binding may be settled in arbitration.

Spatiotemporal dynamics of plant diversity in response to farmers’ evolved settlements in Shanghai

The expansion of the Shanghai metropolitan region has caused a substantial amount of farmland to become urbanized. Most farmers have lost their land and have been relocated from villages to new collective settlements, resulting in dramatic changes in the landscape pattern. This study explores the effects of this transformation on the spatiotemporal dynamics of plant diversity. We randomly sampled 22 plots comprising 294 subplots within two crossed transects that pass through 5 traditional villages and 17 new settlements. The results show that resettlement has exerted significant effects on plant species diversity, both temporally and spatially. Temporally, the Gleason index (GI) of total species over time could be ordered as 1990s>2000s>1980s, while Shannon’s diversity index (SHDI) was ordered as 2000s>1990s>1980s. Spatially, the GI of total species decreased from the urban center to the exurbs or from the inside to the outside of the built-up areas. SHDI was highest in suburbs or ecotones. Furthermore, the GI of total species had significant correlations with those of indigenous species, exotic species, and planted species (r>0.90, p<0.01) as well as with the region and location of settlement (r<−0.48, p<0.01). Both indigenous and exotic species had significant positive correlations with total species richness at 0.01 levels. Generally, compared with traditional settlements, new settlements displayed greater richness and diversity of plant species, primarily because of the exotic species present in new settlements. The farmers’ socio-economic status was found to be the primary cause of differences in species richness. To protect indigenous and wild species, it is necessary to take into account local knowledge in villages to encourage Chinese farmers to participate actively in community greening. A bridge should be built between traditional villages and modern settlements and between the past and future for farmers.

Building urban climate resilience through community-driven approaches to development

Purpose This paper aims to explore how the implementation of community-driven approaches to improve the living conditions of the urban poor can also have positive co-benefits for resilience to climate change, by addressing the underlying drivers of physical, social and economic vulnerability. Design/methodology/approach The paper applies a case study approach, drawing from the documented experiences of organised urban poor groups in Asian countries already actively participating in collective settlement upgrading, building networks and financial resources for further action. Findings The findings show that while certain actions might not be taken with climate change adaptation specifically in mind, these development activities also contribute to broader resilience to climate change, by reducing exposure to risk and addressing other drivers of vulnerability. The findings also show that partnerships between low income communities and other urban stakeholders, including local government, and innovative financial mechanisms managed by communities, can lead to scaled-up action to address development and adaptation deficits. This can lead the way for transformation in socio-political systems. Practical implications The approaches applied by organised urban poor groups in Asia show that community-level actions can make a positive contribution to building their resilience to climate change, and with local government support and partnership, it could lead to scaled-up actions, through a bottom-up approach to multi-level governance. Originality/value This paper considers how community-driven actions can build resilience to climate change, and it argues that adaptation and development should be considered together.

Delineating Reservoir Protection Areas through Spatial Analyses in Support of Water Quality Protection

Developing water protection strategies to prevent drinking water sources from contamination is a high priority throughout the world. As a significant policy measure, the segmentation of the delineated watershed areas into several zones is implemented by defining areas closest to the intake and more distant areas. Article 8 of the Directive 80/778 relating to the quality of water intended for human consumption in the European Union for example, forces Member States to take measures for securing the quality of water while in some connected policy documents the rationale behind constructing safeguard zones with land-use restrictions are referred to this end. Due to the requirements set out in legislations, authorities responsible for protecting the water quality similarly apply some restrictions on collective settlements, industrial and agricultural developments particularly in the protection zones. Such restrictions have direct impacts on the social and economical activities of the population residing in the basin. Besides, descriptive differences between legislations from different levels or different practices performed by the different authorities lead to disparities between the basins that are subject to quite different protective measures and zoning systems in spite of their analogous basin characteristics. All such challenges and disputes in protection mostly relate to the lack of scientific basis of protection regulations that limits its qualification for being widely acceptable by and easily verifiable to the general public. The spatial approach presented in this study is implemented on a case-study selected from the Tahtali Catchment in the west of Turkey by addressing the above challenges arising from the current practices of reservoir protection while aiming at providing guidance for an alternative strategy to achieve a practical solution.

KÜÇÜKAVULCUK KÖYÜ YERLEŞİM DOKUSU VE EVLERİ

Calisma kapsaminda incelenen Kucukavulcuk Koyu, Bati Anadolu’da Izmir ili Odemis ilcesine bagli olup, ilcenin onemli ve tarihi dokusu ile carpici nitelikteki Birgi yerlesimine yalnizca 2 km. uzakliktadir. 2012 yilinda cikan 6360 sayili Buyuksehir Yasasi sonrasinda yonetsel olarak Izmir ilinin mahallesi durumuna gelmistir. Ancak bu calismada yerlesimden koy olarak soz edilecektir. Calismanin amaci, yerlesim dokusunu irdelemek ve belgelemek, evlerin yasatilmasina yonelik oneriler gelistirmektir. Konu alan calismalari ve literatur arastirmalari isiginda ele alinmaktadir. Kucukavulcuk Koyu, toplu yerlesme duzeninin goruldugu, tarimsal alanlarin ise yerlesimin ceperinde yer aldigi, geciminin tarim ve hayvanciliga dayandigi bir kirsal alandir. Aydinogullari Beyligi’nin baskentligini yapmis Birgi’ye yakinligi ulasim olanaklarini kolaylastirmaktadir. Ancak son donemlerde su sikintisi yasanmasi tarimsal urun yelpazesini daraltmakta ve koyden goc gerceklesmektedir. Bu durum da evlerin bos kalmasi, kullanilmayinca da hizla yipranip yok olmasina neden olmaktadir. Yerlesim, Birgi’ye gore daha yalin bir mimari yansitmakta, ancak nitelikli geleneksel evleri barindirmaktadir. Kucukavulcuk’ta evler genellikle iki katli olup; alt katlari ahir, ambar gibi servis mekânlarini icermekte, ust kat ise yasam kati olarak hizmet vermektedir. Yasam katinda, cogunlukla acik dis sofali bir plan semasi gorulmekte, sofaya dis veya ic merdiven ile alt kattan baglanti saglanmaktadir. Evlerin yapim sistemi, alt katta yigma, ust katta ise kerpic dolgulu ahsap karkas sistemdir. Evlerin yasamayip terk edilmesi yanisira, guncel yasam kosullarina yanit vermesine yonelik olarak yapilan ancak ozgunlugunu zedeleyen degisiklikler, yapilarin karakteristikleri korunarak surdurulebilirligi acisindan tehdit olusturmaktadir. Calismada yerlesimin ve evlerin yasatilarak gelecege aktarilmasi baglaminda ekoturizmin arac olarak kullanilmasi onerilmektedir.