Cooperation Contract Research Articles

Analisis Pemutusan Kontrak Kerjasama Pengadaan Barang Atau Jasa Pemerintah Secara Sepihak

Termination of Cooperation Contract for Procurement of Goods or Services" refers to the termination or cancellation of an agreement between parties involved in the procurement process of goods or services. The purpose of this article is to find out about the unilateral termination of the contract carried out by the Public Works and Spatial Planning Service of the Meranti Islands Regency against PT. Merbau Indah Abadi in the contract agreement in accordance with the regulations in force in Indonesia and also to analyze the basis for the judge's considerations that granted the plaintiff's lawsuit in the decision of the Pekanbaru State Administrative Court Number 21 / G / 2023 / PTUN.PBR. The research method used is the normative research method, the reason for using normative research in this study is because of the problems being studied. The results of this study are that in the decision, the Public Works and Spatial Planning Service of the Meranti Islands Regency was proven to have missed the unilateral termination mechanism explained in Presidential Regulation No. 4/2015 and Minister of Finance Regulation 243 / PMK.05 / 2015, so that the act of terminating the contract cannot be justified because it is not in accordance with the relevant laws and regulations. The conclusion is that there are legal consequences of unilateral termination of the contract in the procurement of goods/services contract, namely the imposition of administrative sanctions, sanctions in the form of inclusion in the blacklist, civil lawsuits and criminal reporting to the authorities.

Smallholder Inclusion Through Cooperative Contract Farming of Cavendish Banana Farmers in Davao del Norte, Philippines: A Meta‐Frontier Analysis

ABSTRACTAs the third‐highest global supplier of Cavendish bananas, the Philippine banana industry has a vital role in rural development. We compared farmers' technical efficiency (TE) and production performance across different contract farming arrangements: individual contracts, cooperative contracts, and growers without a contract. Using a random sample of 186 farmers in Davao del Norte, Philippines, we used meta‐frontier Data Envelopment Analysis to calculate TE scores and then use a truncated regression with bootstrapping to model the efficiency sources. We applied propensity score matching to minimize observable bias resulting from self‐selection among farmers participating in contract farming. The results across returns‐to‐scale assumptions and matching methods reveal that cooperative contract farmers have significantly higher TE and revenue performance than individual and noncontract farmers, primarily due to high export‐quality production and associated premium prices. Individual contract farmers were also more technically efficient and had higher returns than noncontract farmers. Smallholder farmers tend to participate more in cooperative contract farming. Thus, cooperative contracts should include smallholder farmers in export value chains to improve smallholder farmer income. This strategy will lead to the formation of inclusive agrifood value chains in Mindanao, Philippines.

PENGELOLAAN PARTICIPATING INTEREST WILAYAH KERJA MIGAS OLEH BADAN USAHA MILIK DAERAH

Regulation of natural resource management as a pillar of life that is rooted in the welfare and balance of society is a mandate that must be carried out in good faith and with responsibility. One form of this can be found in Regional Owned Enterprises (BUMD), which is one of the channels for managing state assets. The provisions contained in the Minister of Energy and Mineral Resources Regulation Number 37 of 2016 concerning 10% Participating Interest in Oil and Gas Working Areas allow regional governments to participate in management through delegation to BUMD or regional companies. The essence of this effort is to obtain profits that can increase regional income and the welfare of its people. This 10% Participating Interest Regulation, from the start, has succeeded in creating harmony between the rights and obligations between Cooperation Contract Contractors (KKKS) and BUMD. KKKS is responsible for offering 10% participatory interest to regions, as regulated in Minister of Energy and Mineral Resources Regulation Number 37 of 2016. If regions accept this offer through BUMD, they will obtain a maximum management right of 10% in accordance with the mandate stated in the Cooperation Contract between the Special Task Force for Upstream Oil and Gas Business Activities (SKK Migas) and KKKS. In this way, cooperation between regional governments (BUMD and KKKS) can become a firm foundation for managing natural resources in order to achieve shared prosperity.

How do firms design R&D cooperation contracts with innovation institutes by considering the impacts of selective subsidy?

AbstractIn an R&D cooperation with an innovation institution, the firm needs to design an efficient cooperation contract to enhance the cooperation efficiency under asymmetric information. Many governments encourage innovation through selective subsidies, whose review and supervision do disclose more information. However, the existing studies have ignored these impacts on designing R&D cooperation contracts. Thus, this paper constructs game models of R&D cooperation to obtain the optimal contract terms under different subsidy strategies and then further discusses the impacts of selective subsidy on R&D contract design.

India-Japan Civil Nuclear Deal: Challenges and Opportunities in the Indo-Pacific Region

The Indian Foreign Policy of complete Disarmament was formed by J.L. Nehru, However, when India engaged in war with China in 1962 and Pakistan in 1965 & 1971, there was neither US and nor USSR presence in support of India. India tested nuclear devices in 1974 and 1998 at Pokhran and not signed NPT-1968 and CTBT-1996 based on the biased nature of the Treaty. Japan has shown a positive attitude towards India since 2001. Indian Deal of Civil Nuclear Agreement with the US and France in 2008 and changed provisions by NSG in its Meeting held in 2008 to grant green signal to the export of Nuclear Arsenal to India. It changed Japan’s view towards India to contract of Civil Nuclear Cooperation. The Fukushima Disaster in 2011 delayed the Nuclear Pact and stopped all Nuclear Power Plants in Japan. Several Meetings concluded the Civil Nuclear Agreement between India and Japan on 11-12 November 2016

The Decision-Making and Moderator Effects of Transaction Costs, Service Satisfaction, and the Stability of Agricultural Productive Service Contracts: Evidence from Farmers in Northeast China

Agricultural producer service (APS) plays a crucial role in the sustainable development of modern agriculture. Enhancing the stability of contracts between farmers and APS is the key to promoting the high-quality development of the latter. This research aimed to explore the decision-making and moderator effects of transaction costs, service satisfaction, and the stability of APS contracts by constructing a theoretical framework. Based on survey data from 893 farmers in Northeast China’s black soil area, we employed the Mvprobit model to examine the relationship between transaction costs, service satisfaction, and contract stability. The key findings are as follows: Firstly, transaction costs have a dual impact on contract stability in agricultural productive services, acting as both inhibitors and promoters. Higher information and execution costs reduce farmers’ willingness to maintain current cooperative relationships, while higher negotiation costs make farmers more inclined to stick with the status quo. Secondly, farmers’ satisfaction with services positively moderates the influence of transaction costs on contract stability, with highly satisfied farmers being more affected than those with lower satisfaction levels. Lastly, farmers’ personal, family, and social characteristics all shape their preferences during the formation process. To mitigate cooperation risks and bolster cooperation contract stability, this study suggests that the government implement supervision and incentives to reduce transaction costs for farmers when procuring services and enhance the efficiency of farmer–service provider connections.

Kebijakan Pemerintah Dalam Penentuan Kontrak Gross Split Sektor Minyak Dan Gas Di Indonesia

As a solution to the problem of the Cost Recovery production sharing contract system, the Government of Indonesia through the Ministry of Energy and Mineral Resources issued Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia Number 08 of 2017 concerning Gross Split Production Sharing Contracts. This new regulation is motivated by the low number and length of time it took for oil and gas reserves to be discovered, accompanied by Non-Tax State Revenue (PNBP) for the upstream oil and gas sector which continues to decline. The Gross Split production sharing contract scheme also offers a reduction in bureaucracy in investing which is expected to attract investors to carry out exploration and exploitation in Indonesia. This study aims to analyze the legal principles related to Gross Split regulations in the aspect of improving the investment climate for upstream oil and gas and analyze the new role of the Oil and Gas Special Task Force as an institution appointed by the state to exercise control and supervision of the activities of Cooperation Contract Contractors in Sharing Contracts.

Research on risk management incentive strategy based on the green financial ecosystem.

Taking the green financial ecosystem composed of innovators, green financial institutions and regulators as the object of research, it explores the issue of how to improve the level of efforts of the three types of subjects and the benefits of risk management in the green financial ecosystem. The optimal level of effort, optimal level of return, and optimal level of return on risk management of green financial ecosystems for innovators, green financial institutions, and regulators under the three modes of No-incentive Contract, Cost-sharing Contract, and Synergistic Cooperation Contract are investigated and analyzed respectively, and verified by numerical simulation analysis. The results show: (1) Compared to the No-incentive Contract, the Cost-sharing Contract and the Synergy Cooperation Contract generate more significant incentives, and returns increase over time in both models. (2) The effort level of the participating subjects under the Synergistic Cooperation Contract is the highest, which can realize the Pareto optimization of the participating subjects and the green financial ecosystem at the same time. The study's findings contribute to a deeper understanding of cooperation among innovators, green financial institutions and regulators in facilitating risk management in green financial ecosystems and provide a realistic reference for risk managers in green financial ecosystems.

Analisis Peran dan Fungsi Science Techno Park, Technology Transfer Office dan Technology Business Incubator untuk Mendukung Proses Komersialisasi Hasil Riset Perguruan Tinggi (Studi Kasus: Universitas Telkom)

The government has launched a program to increase research in universities and commercialize research results in order to improve the economy and foster an entrepreneurial spirit from an early age, besides that it is expected to have an impact on society and the surrounding environment to support the era of globalization and digitalization which is increasingly developing today. the purpose of this study is to re-identify how the role and function of each of these entities in order to support the commercialization of research results of the Telkom University academic community and how the entities relate to each other which can be mapped through the Entity Relationship Diagram. this research uses qualitative research. The object of research is the technology transfer office, technology business incubator, and science techno park incorporated in the Bandung Techno Park area. The results of this study indicate that the function and role of STP is to create a culture of entrepreneurship and commercialize innovative products from the Telkom University academic community. the function and role of TTO is to protect Intellectual Property from the results of innovative products and commercialize in the form of Industrial Licensing or Cooperation contracts. The function and role of TBI is to develop entrepreneurship programs, business incubation and form spinoff companies. The relationship between these three entities is that STP oversees innovation products from upstream to downstream in its area, which is the Directorate of BTP and PPM. TTO helps the process of being born from the innovation products escorted by STP, which can be said to be BTP as a whole more specifically in the KI&TTO Center, then also PT BUT. TBI is in the middle of STP and TTO whether it needs to be incubated or can be directly commercialized, which is the BTP Incubator and Business Innovation (IIB) unit.

Penolakan Klausula Perpanjangan Kontrak Kerjasama Bangun Guna dan Serah

Each contract is allowed to include a clause regarding contract extension, when the contract ends. The clause in the contract is that even though both parties have reached an agreement, the extension of the contract is not an obligation or achievement in the contract, for this reason if the construction and handover cooperation contract has ended and the service recipient hands over management to the government as the service user , refusing a request to extend the contract cannot be said to be a breach of promise or default. However, even though refusing to extend the construction and handover cooperation contract is the right of the service user, there needs to be a review if the contract period which is supposed to be long-term only stipulates a period of 7 (seven) years if it results in the contractor or pemodal as the service recipient being harmed.

Developing a resilient supply chain in complex product systems through investment in reliability and cooperative contracts

In recent years, finding mitigation strategies for supply chain disruptions has become one of the most critical challenges for businesses. This issue is crucial for complex product industries because of their role in the modern economy, few suppliers, and their need for high investment in research and development (R&D). This paper studies a resilient supply chain in complex product systems to overcome its specific challenges through supplier reliability enhancement and cooperative contracts. Utilising a game theoretic approach and analytical models, this paper aims to improve the supply chain performance from the resilience perspective while considering R&D investment, supplier learning effect, buyer fairness concern, and market sensitivity to the product’s technology. Investment in supplier reliability enhancement with different contracts is proposed to mitigate disruption risks for a two-echelon supply chain. Analytical mathematical models have been developed, and a simulation approach has been used in optimisation. The results show how proposed contracts effectively increase supply chain performance from financial and resilience perspectives. Moreover, the market sensitivity to the product’s technological level and the sensitivity to the price could adversely affect performance. The buyer’s fairness concern also improves the profit loss while decreasing the service level slightly.

Power Relations in Utilizing Public Space as a Parking Place in the Tunjungan Street, Surabaya

Urban areas are areas with the largest population due to urbanization. As a result, problems arise. The problem that often occurs is the problem of using public space. As the population increases, the number of vehicles increases, so many parking spaces are used in public spaces due to the density that occurs in public space areas. So the context of power is often ignored in this case. The aim of the research is to find out how power relations and social capital are used by parking attendants in the Tunjungan street area. The method used is qualitative descriptive based on primary data. Primary data comes from documentation, observations and interviews with parking attendants. The selection of informants was carried out using a purposive sampling technique with a total of 5 parking attendants. The location chosen was in the area of Tunjungan street. Data collection was carried out in three stages, namely the reduction stage, data presentation and conclusion drawing. The results obtained are the power relations that are formed here, which are meant when there is social capital in the form of social networks owned by individual actors or groups in relation to other parties who have power. The relationship that exists between parking attendants and the government is based on a cooperation contract. Meanwhile, the causal relationship that is formed between parking attendants in determining areas is due to the power factor in the form of kinship.

Power of innovation networks for the energy sector after COVID-19. A case study of the Enterprise Europe Network

Innovation networks such as the Enterprise Europe Network (EEN) are an important element supporting the development of small and medium enterprises (SMEs) from various economic sec-tors. Their operations focus mainly on organizing brokerage events, business mission conferences, etc. These events are to facilitate networking, learning about new industry trends, or exchanging experiences. The global COVID-19 pandemic has significantly curbed the effectiveness of innovation networks, forcing them to look for new forms of contact. Entrepreneurs from the energy industry who have so far actively participated in events organized by the EEN have also been affected. The article analyzes the impact of EEN pandemic on the activities of the EEN and its effectiveness, focusing mainly on the quantitative aspect of the impact of the crisis. In particular, it shows how the number of events organized, their structure and the effectiveness of EEN’s activities have changed, which is reflected in the number of cooperation contracts between entrepreneurs participating in the events. The paper compares the impact of the pandemic on the organization of all types of promotional events for companies in the energy industry. Furthermore, based on a case study, the article discusses the problems faced by innovation networks during the pandemic and those faced by companies in the energy industry. The results of the study clearly show a decrease in the number of events organized by innovation networks in times of crisis, but the decrease in energy-related events is not as significant as in events related to other industries. At the same time, the effectiveness of organized events increased.

Coordination contracts and numerical analysis of low-carbon competitive supply chains under the influence of low-carbon goodwill

Introduction: Under the dual opportunities of low-carbon consumption preference and online consumption platforms, vendors’ low-carbon advertising incursions provide opportunities for decarbonization and market position enhancement, as well as further research on the value of low-carbon advertising. This study aims to explore the contractual choices of green vendors’ online channels participating in low-carbon advertising competition under the low-carbon goodwill effect, and to simulate and evaluate the contractual choices of supply chain members.Methods: Using differential games, through the innovative application of the traditional low-carbon goodwill model and the introduction of the low-carbon advertising competition intensity coefficient, we design one-way and two-way cost-sharing contracts under low-carbon competition, coordinate the vicious competition in the supply chain, and provide contractual choices for supply chain participants.Results and discussion: Under the low-carbon advertising competition decision, the manufacturer has an absolute low-carbon market advantage, but the interests of all supply chain members are weakened, and interestingly, the manufacturer, who dominates the market, is the facilitator of the contractual agreement. Second, well-designed pacts can provide manufacturers and traders with more options for low-carbon strategies. Although both one-way and two-way cost-sharing pacts can generate Pareto gains for the supply chain and its members in advertising competition, two-way cost-sharing pacts are superior to one-way pacts in terms of coordination advantages. In addition, an important finding is that greater profit growth can be achieved through contractual cooperation in low-intensity advertising competition. Thus, moderate competition is desirable, while excessive competition can harm the supply chain system. Manufacturers should actively urge retailers to cooperate in order to optimize profits and establish long-term stable partnerships between upstream and downstream firms in green supply chains.

Contractor's Responsibility for a Work Contract in a Project Direct Appointment by the Commitment Making Officer (PPK) of the Regional Government Organization (OPD) (Study at the Public Works and Spatial Planning Department of Tanjungbalai City)

The Reformation era was an era of change in national and state life. The reform era began in 1998. The background to the birth of the Reform Era was the dysfunction of the wheels of government in national and state life, especially in the fields of politics, economics and law. So with the Reformation, state administrators want to make radical (fundamental) changes in these three areas. The form of contractor responsibility for a work contract in a Direct Appointment project, where basically the responsibility of the contractor (work implementer) in the work contract in all selection models (whether direct appointment or not) is the same. The cooperation contract system and payment method with contractors and terms and each month which is influenced by the form of contract for the Direct Appointment method is in the form of a Letter of Agreement. Meanwhile, the type of contract can be a Laumpsum Contract, or a Unit Price Contract, or a Combined Unit Price and Laumpsum Contract. Usually using a Combined Unit Price and Laumpsum Contract. Except for emergency work using unit price contracts. Meanwhile, the method or method of payment can be termly or monthly (certificate mountly: based on work performance). The formulation of the problem discussed is how the contractor's responsibilities regarding work contracts in projects are directly appointed by the PPK of the Tanjungbalai City Public Works and Spatial Planning Service

Comparison of Contracts on Business Cooperation on Maritime Domain in Nautical Tourism Ports and Lease Agreements

The paper discusses the contract on business cooperation on maritime property in the ports of nautical tourism in the context of named and unnamed contracts, the scope of freedom of contract in the context of the concession contract as a "fundamental" contract, as well as the method by which the contract on business cooperation is qualified in the Croatian legal system. This contract is apostrophised in the context of mixed contracts and sui generis contracts as types of contracts that are not regulated by law. The acceptance of the provisions of the lease agreement as a named contract in Croatian legislation in business practice when concluding a business cooperation agreement is examined, as well as the similarities of these two agreements. The aim of the paper is to use the comparative law method to complete knowledge about the positioning of business cooperation contracts on maritime property in nautical tourism ports in the context of named and unnamed contracts, i.e. mixed and sui generis contracts, and to determine the appropriateness and compatibility of the lease contract with the business cooperation contract.

Bioremediation in Upstream Oil and Gas Enterprises: Indonesian Environmental Law Perspectives

There have been changes in environmental management since the enactment of Law Number 11 of 2020 on Job Creation, particularly in bioremediation─upstream oil and gas Enterprises. It is intriguing since the process includes natural way of cleansing tainted oil in the water without harming the ecosystem. The study aims to examine the implementation of bioremediation in upstream oil and gas activities under Indonesian environmental law. The study also employed a normative juridical or doctrinal approach. According to the findings, bioremediation is being carried out under a profit-sharing contract with SKK Migas (Special Working Unit for Upstream Oil and Natural Gas Business Activities) acting as the implementing agency. The legal relationship position of an oil and natural gas mining company, specifically in bioremediation, is in the government and corporate accountability to carry out the program, referring to production sharing contracts─cooperation contracts and applicable statutory provisions. To summarize, all parties, including national and regional governments, communities, and oil and gas companies, must implement ecologically friendly protection such as bioremediation

Kebijakan Pemerintah Dalam Pemanfaatan Gas Suar Yang Terproduksi Dari Sumur Minyak (Associated Gas) Dalam Mendukung Program Net Zero Emission

In line with the 2015 Paris Climate Agreement which aims to reduce environmental pollution that has the potential to cause global warming, the Government of Indonesia has launched a net zero emission (NZE) target in year 2060 as a response to facing challenges and climate change in the future. There are many efforts to reduce carbon emissions one of them is the use of gas flares, therefore the Government of Indonesia has issued Regulation of the Minister of Energy and Mineral Resources Number 31 of 2012 concerning Implementation of Flaring Gas (Flaring) in Oil and Gas Business Activities, and its amendment. This paper is written and limited to activities in the upstream oil and gas sector and to see the comptability between regulations related to the implementation of the usage of gas flares with oil and gas production sharing contracts between the State and Cooperation Contract contractors (KKS Contractors). This research was made based on literature review and its application in oil and gas and industry, found the comptability effort to encourage the oil and gas player to use flare gas optimally considering the economics of contractor.

INTERAKSI SOSIAL PADA RANTAI PEMASARAN SUSU SEGAR

This research was conducted in Bocek Village, Karangploso District, Malang Regency as one of the several village agribusiness centers for fresh milk around the KUD Karangploso area. The research purpose was to determine social interaction in the fresh milk marketing chain. The research method used was survey method. Type of data uses were primary data and secondary data. Primary data obtained through observation, direct interviews to dairy farmer and cooperative officer & Netle representative, and documentation. While secondary data obtained from relevant documents. The theoretical approach used was the social interaction theory which it can be consist of the form of cooperation, competition as well as conflict and accommodation. Data then analyzed descriptive qualitatively. In general, there are two main characteristics of social interaction, namely associative and dissociative. The results indicated that the social interaction that was formed in the marketing of fresh milk by dairy farmers in the Karangploso KUD area was social interaction between farmers because there was an organizational relationship between members of the Karangploso KUD. The social interaction of dairy farmers with the KUD Karangploso was formed due to cooperation in marketing fresh milk. While social interaction between KUD Karangploso and PT. Nestle Indonesia is in the form of cooperation in the distribution of fresh milk on the basis of contractual cooperation.

Analysis of The Marketing Efficiency of Curcuma in The Medicine Plant Processing Industry

Farmers distribute curcuma through several marketing agencies to the sringanis plantation processing industry. It impacts farmers' income, so the research aims to determine the pattern of Curcuma marketing channels as a raw material for the medicinal plant processing industry, the value of efficiency indicators, and the level of efficiency of each marketing channel—methods of data collection using purposive sampling and snowball sampling. Respondents are farmers, middlemen, and managers of the sringanis plantation processing industry. The analytical approach uses quantitative analysis, namely analysis of marketing channels, marketing margins, farmer share, and marketing efficiency. The results showed that there were two patterns of Curcuma marketing channels, namely marketing Channel I, which included farmers and the sringanis plantation processing industry, and marketing Channel II which had farmers, intermediaries, wholesalers, and the sringanis processing industry. The marketing functions performed by all marketing agencies are exchange functions, physical functions, and facility functions. Farmer share obtained by marketing Channel I is more significant than Channel II, so marketing Channel I is more efficient than Channel II. The implication that farmers and the sringanis garden industry can apply is to enter into a cooperation contract where every profit and risk obtained has been adjusted by mutual agreement. Distance constraints for farmers who use marketing Channel II can be overcome by selling a portion of Curcuma produce to intermediaries with a proportion of 60%, and the remaining 30% is sold directly to the sringanis plantation processing industry.