Related Disputes Research Articles

QUYỀN CỦA NGƯỜI THỨ BA TRONG HỢP ĐỒNG VÌ LỢI ÍCH CỦA NGƯỜI THỨ BA

A contract for the benefit of third parties is a type of contract characterized by the existence of a third person who benefits and is not considered a party to the contract. Today, civil law recognizes a number of rights for third parties, which will ensure that third parties can receive benefits from the parties’ contract. However, current regulations on this issue remain unclear, leading to difficulties in applying and resolving related disputes. The article focuses on analyzing aspects of the rights of third parties in this type of contract, thereby highlighting some unclear points in current legal provisions and making recommendations to improve the law.

Formulation of Online Dispute Resolution in Realizing Fair Industrial Relations Dispute Settlement: A Comparative Study

Although alternative method exists as stipulated in Article 3 paragraph (1) and Article 4 paragraph (3) of the Industrial Relations Dispute Settlement Law, in fact, the dispute resolution in Indonesia’s industrial relation has been focusing on litigation mechanisms. However, litigation is not the best way to fulfill both disputing parties’ desire for justice as the output is win-lose. As such, alternative method exists, puts forward the ‘win-win’ solution. Nonetheless, the current legal framework only sets the clear rule of the aforementioned alternative method to be conducted in person, despite the global pandemic Covid-19. Accordingly, ODR is established to enable virtual procurement. This article will analyze the conception and benefits of online dispute resolution, its implementation gaps in the context of industrial relations dispute resolution, and its regulatory formulation to gain legitimacy in Indonesian law. Applying normative legal research, this article uses statutory, conceptual and comparative approaches. From the research conducted, it is indicated that online dispute resolution is technically superior as it is simple, fast, and low in cost. Even under the Industrial Relations Dispute Settlement Law, its application is feasible, specifically through mediation and conciliation. In Indonesia, implementation of online dispute resolution is possible by amending the Industrial Relations Dispute Settlement Law, considering the prioritization of alternative dispute resolution based on practices in Cambodia, Spain, and ILO Guidelines, as well as the superiority of online dispute resolution based on practices in the United States and UNCITRAL Technical Notes.

Limitations of Applicability of Civil Procedure Code to Family Court Proceedings

To summarize the versatility of civil law and what all it entails in a single tight compartment is akin to doing injustice to the vast field of civil law. To streamline the procedure of the same, the Civil Procedure Code came into the being. The code was introduced with the basic aim to rationalize and consolidate the process to be following while adjudicating matters related to civil law. With the introduction of Hindu Marriage Act, 1955, Muslim Marriage Act, Special Marriage Act, 1955 and so on coupled with the rise in matrimonial related disputes and resultant sharp rise in the number of cases being filed, the Family Courts Act, 1984 was incepted. Eventually all states too made their own rules to bring together the whole process in a linear manner. In this paper the author aims to analyse as to what extent CPC determines the functioning of cases filed under the ambit of family Law and if at all the family courts by virtue of Family Courts Act, 1984 have been given certain independence in this aspect. If yes, then where does that stem from primarily and in case of conflict between the two which one would prevail.

Research on the Copyability of AI-generated Image in the Context of the Copyright Law of the PRC - Based on the First Copyright Infringement Case of AI-Generated Image

The first copyright infringement case of AI-generated images was concluded in the first instance, but the related disputes have not been settled. The core issues focus on two aspects: First, whether the works generated by AI should be protected by the Copyright Law of the PRC; Second, under the framework of the Copyright Law of the PRC, how to characterize AI-generated images. From a factual perspective, users of AI models are not creators of AI-generated image; From a value perspective, AI cannot also be considered an author within the meaning of the Copyright Law of the PRC. Therefore, AI-generated image are not copyrightable and should not be included in the object scope of protection by the Copyright Law of the PRC. From the perspective of cost and benefit, there is no need for AI-generated image to be protected by the Copyright Law of the PRC. It will not affect the AI industry to deny the copyability of AI-generated image, but will deal a blow to the commercial art industry, which is conducive to reducing social costs and protecting public interests.

The logic of the Marcos Jr. Government’s South China Sea Policy

This study provides a comprehensive discussion of changes in the Philippines’ South China Sea strategy under the Marcos Jr. government. Since his election in June 2022, the Philippines has implemented a diversified strategy regarding its South China Sea policy and related disputes with China. In striving for its interests and activities in the South China Sea, the Philippines aims to launch hard and soft checks and balances on China at multiple levels, for example, through multilateral military cooperation with the United States, international arbitration, and applying propaganda tactics. This study attempts to deconstruct the specific actions and overall logic of the Philippines' South China Sea policy by comprehensively analyzing international dynamics and domestic changes. It sheds light on the intricate way global geopolitical contests, particularly the intensifying rivalry between China and the United States, are influencing political sentiment and actions within the Philippines. Concurrently, it examines the Philippines' strategic deployment of its South China Sea policy to catalyze international reactions, such as support from the United States, and how this involves recalibrating its internal political and economic landscape. Overall, the paper shows how the Philippines’ South China Sea policy seeks an optimal balance among various forces while facing many uncertainties and challenges.

Challenges Of The Industrial Relations Court In The Reform Era In Creating Fast, Accurate, Fair And Cheap Court

The Industrial Relations Court is a special court with absolute competence in dealing with industrial relations disputes arising from work relations between workers/laborers and employers. As the last resort in resolving employment conflicts if non-litigation channels fail, this court is expected to provide a fast, precise, fair and inexpensive resolution process for the parties so that it becomes the best solution. However, in practice, the existence of the industrial relations court has not fully become a mechanism that can realize the urgency of the court's existence since its inception. Various obstacles often arise and are even unavoidable in relation to the substance and mechanisms that hinder the realization of the initial intention of establishing the overarching law, namely Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. This research explains the various challenges faced by the Industrial Relations Court since its formation until the post-reform period. The research method of implementing literature studies and the type of research is normative law by compiling and reviewing various normative provisions regarding industrial relations courts and problems in their application. Industrial relations courts face various challenges related to their substance and mechanisms, for example when they are at the decision implementation stage, it is quite difficult to carry out the execution because they are guided by the execution procedures in civil courts which are quite expensive and time consuming. Meanwhile, industrial relations issues are ideally oriented towards fast processes and low costs. On the other hand, from the data on registered dispute cases, the worker/laborer mostly acts as a plaintiff, meaning that even if the plaintiff in this case wins, the court decision is not yet able to fully grant the worker/laborer their maximum rights.

Industrial Relations Dispute Resolution Model in Indonesia

This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.

CASE STUDY OF INDUSTRIAL RELATIONS DISPUTE RESOLUTION FOR FOREIGN WORKERS IN FOREIGN EMBASSIES: TOWARDS AN IDEAL LEGAL CERTAINTY

Background: The resolution of Industrial Relations Disputes (IRDP) involving Foreign Workers (FW) and Foreign Missions in Indonesia is particularly unique and warrants further examination. This is due to its involvement with complex international law, particularly concerning diplomatic immunity and state immunity, making achieving an ideal resolution for foreign workers and providing legal certainty challenging. The issue revolves around determining the ideal IRDP resolution to offer legal certainty to Foreign Workers employed in Foreign Missions. Methods: This legal study analyzes relevant laws, concepts, and cases to identify an ideal resolution. Sources include international law, Indonesian national law, and foreign case studies. Results: The ideal resolution of Industrial Relations Disputes (IRDP) between FW and Foreign Missions in Indonesia must consider various aspects to ensure legal certainty. In the context of UNCJIS ratification, the Indonesian Government needs careful consideration before deciding to enact this convention. Conclusion: The Indonesian Government, not having enacted UNCJIS 2004 into its national law, would find it challenging to provide legal certainty to FW working in Foreign Missions in Indonesia, particularly those dismissed without being granted their normative rights. This is because executing legally binding court decisions becomes challenging. Therefore, the Indonesian Government could establish Bilateral Agreements between nations falling under its jurisdiction to ensure legal certainty for FW working in Foreign Missions in Indonesia.

Drilling Setbacks vs Government Takings: The Case of Colorado’s 2018 Colorado Ballot Initiatives

State policymaking is at the center of many oil and gas related disputes. Driven by the promise of affordable energy, economic development, and new revenues, supporters of oil and gas have pushed for policies designed to nurture the oil and gas industry, whereas opponents have emphasized a myriad of environmental threats and disruptions. Statewide ballot initiatives related to oil gas extraction offer a particularly useful lens to examine the preferences of voters in that states are home to residents who directly and indirectly experience the promises and perils of extraction. This paper examines two ballot initiatives in Colorado from 2018, one of which was supported by the oil and gas industry; the other of which was opposed by the same industry. We find that the inclusion of natural amenities, livelihood, and population change provides a useful set of variables for further study.

Kadaluwarsa pada Kasus Pemutusan Hubungan Kerja dalam Hukum Ketenagakerjaan

Expiration is a condition where a time limit has passed for our right to be able to file a lawsuit. Therefore, when filing a case, time is an essential concern for every party who wants to file a lawsuit in court. Each legal issue has a different time. One problem that often occurs in employment is the Termination of Employment Relations. When someone experiences Termination of Employment Relations (PHK), there are several rights that a worker should obtain. Still, if the employer does not fulfill these rights, the worker can file a lawsuit at the Industrial Relations Court (PHI). When filing a case, a worker must pay attention to the period regulated in Article 82 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. In practice, there are still inaccuracies in determining the expiration date in Termination of Employment (PHK) cases. This research aims to determine how the expiry date for Termination of Employment (PHK) cases is regulated in employment law. The research method used by researchers is normative research. Researchers will examine the problems raised by linking them to applicable laws and regulations. The conclusion is that there are still things that need to be corrected in using the legal basis in determining the expiration date in cases of termination of employment.
 

Implementation Of The Principle Of Equality Before The Law In The Settlement Of Industrial Relations Disputes In The Industrial Relations Court

The State of Indonesia is a State of law. One of the principles of the rule of law is the guarantee of the exercise of the power of an independent judicial institution, free from all interference by extra-judicial powers. The judicial power itself is an independent power, one of which is through the Principle of Objectivity which requires that dispute resolution will be good and acceptable to all parties, if carried out impartially (impartially), objectively, and fairly. The hopes above arise from the existence of the Principle of Equality Before the Law, which is one of the three meanings of the Rule of Law. The principle of Equality Before the Law arises from the modern legal system inspired by the paradigm of Positivism which assumes that the law must be objective and sterile from any influence outside the law. The implementation of the Equality Before The Law Principle in resolving industrial relations disputes at PHI is interesting for further investigation because the parties to the dispute in industrial relations are employers and workers/workers who are socially and economically clearly "not equal". The approach used in this study is the Socio-legal approach method (Socio-legal approach), which is a legal research method in addition to analyzing the implementation of the principle of Equality Before The Law in the normative law enacted, namely UU.No . 2 of 2004. Through this research, we can find the concept of industrial relations justice that is able to apply the ideal principle of Equality Before The Law.

How temporal contiguity cues influence tourists' purchase intentions: Regulatory focus and double-entry mental accounting perspectives

This study explores the impact of temporal contiguity cues on tourists' purchase intention through three experiments. The findings reveal that review valence can moderate the relationship between temporal contiguity cues and purchase intention, while regulatory focus can further moderate the moderating role of review valence, and double-entry mental accounting plays a mediating role. This study resolved the related dispute about the moderating effect of review valence between temporal contiguity cues and purchase intention from the perspective of regulatory focus theory and found a new mechanism based on double-entry mental accounting theory. It helps companies grasp tourist psychology and provide reviews containing different temporal contiguity cues for tourists with different types of regulatory focus to increase performance.

Eligible Juridical Person Investors in ICSID Arbitration

An investors eligibility is a prerequisite for International Centre for Settlement of Investment Disputes (ICSID) tribunal to acquire jurisdiction over a case. There is no definite conclusion on whether an entity is an eligible investor, often leading to disagreement. In current international investment practice, arbitration tribunals usually consider the definition of investor in the bilateral investment treaties concluded by the parties to the dispute and use it as one of the bases for determining the investors international status. Since the identification of juridical person investors is a controversial issue in practice, this essay will analyze the criteria for ICSIDs decision in the Tokios Tokels v. Ukraine as an example and examine the issue of pierce the corporate veil to explore the path to resolve related disputes.

Solution of Disputes in Civil Relations Involving a Foreign Element: Law Enforcement Problems

Solution of Disputes in Civil Relations Involving a Foreign Element: Law Enforcement Problems

A Study on the Problems and Countermeasures of Legal Regulation of Private Lending

Private lending is widespread in China, and as a useful and necessary complement to formal finance, it is becoming increasingly important in the country's economic development process. The activity of private lending is in line with the profit-seeking nature of market players, enabling the effective use of a large amount of idle social capital, and temporarily alleviating the contradiction between the high lending threshold of formal financial institutions and the lack of timely satisfaction of the capital needs of small and medium-sized enterprises, which has contributed to the development of diversified financing methods. However, while playing its irreplaceable role, the overheated private lending market may also leave a series of sequelae to China's immature social and economic structure at any time, including the lack of supervision and management mechanisms, insufficient regulation of intermediaries, the risk of disputes and the impact on financial institutions. This paper presents a comprehensive analysis of the legal regulation dilemma of private lending in China, and discusses the path of private lending regulation from the levels of special legislation, perfecting supporting systems, and prudently handling related disputes, in order to achieve the early realization of sunlight, standardization and legalization of private lending.

Construction and application of knowledge graph for construction accidents based on deep learning

PurposeLearning from safety accidents and sharing safety knowledge has become an important part of accident prevention and improving construction safety management. Considering the difficulty of reusing unstructured data in the construction industry, the knowledge in it is difficult to be used directly for safety analysis. The purpose of this paper is to explore the construction of construction safety knowledge representation model and safety accident graph through deep learning methods, extract construction safety knowledge entities through BERT-BiLSTM-CRF model and propose a data management model of data–knowledge–services.Design/methodology/approachThe ontology model of knowledge representation of construction safety accidents is constructed by integrating entity relation and logic evolution. Then, the database of safety incidents in the architecture, engineering and construction (AEC) industry is established based on the collected construction safety incident reports and related dispute cases. The construction method of construction safety accident knowledge graph is studied, and the precision of BERT-BiLSTM-CRF algorithm in information extraction is verified through comparative experiments. Finally, a safety accident report is used as an example to construct the AEC domain construction safety accident knowledge graph (AEC-KG), which provides visual query knowledge service and verifies the operability of knowledge management.FindingsThe experimental results show that the combined BERT-BiLSTM-CRF algorithm has a precision of 84.52%, a recall of 92.35%, and an F1 value of 88.26% in named entity recognition from the AEC domain database. The construction safety knowledge representation model and safety incident knowledge graph realize knowledge visualization.Originality/valueThe proposed framework provides a new knowledge management approach to improve the safety management of practitioners and also enriches the application scenarios of knowledge graph. On the one hand, it innovatively proposes a data application method and knowledge management method of safety accident report that integrates entity relationship and matter evolution logic. On the other hand, the legal adjudication dimension is innovatively added to the knowledge graph in the construction safety field as the basis for the postincident disposal measures of safety accidents, which provides reference for safety managers' decision-making in all aspects.

Trustee powers—observations from Australia

Abstract Much of the current and future intergenerational wealth transfers in Australia is and will be through discretionary family trust structures and testamentary trusts. The number of disputes in relation to the administration of these trusts will very likely increase. This article provides a general overview of some specific aspects of trust administration and trustee powers and obligations in Australia, including adding and removing beneficiaries, decanting trust assets, provision of information to beneficiaries, fettering of discretions and avoiding or resolving disputes in relation to the exercise of those powers.

The British Printers’ 40-Hour-Week Strike of 1959: Background, Dispute, and Aftermath

The 1959 printing workers’ strike for the 40-hour week led to them winning that iconic demand which then spread to other manual workers. This success was all the more remarkable as the printing industry was riven by union ‘wage autonomy’ and craft divisions. The unity of the print unions’ federation allowed it to sustain a seven-week strike. The print employers’ long-standing concern had been labour supply, particularly apprentice numbers. This figured prominently in 1959, along with ‘efficiency’ measures, codified in a twenty-two-point list. The terms agreed were generally ‘permissive rather than mandatory’ and the employers would keep returning to this agenda over subsequent decades. The unions would not accept arbitration in such complex talks: two sets of pay negotiations (craft and non-craft), individual unions’ ‘domestic’ claims, and their federation leading on working time. When a related dispute at printing-ink manufacturers threatened national newspaper production, the Ministry of Labour appointed an independent chair to advise on discussions for a negotiated settlement in the printing strike. The twists and turns of this arrangement and the return to work are outlined.

Urgency of Executorial Beslag Institution at The Industrial Relations Court in Indonesia

The Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes regulates the settlement of disputes in the employment relationship between workers and employers, including disputes over rights, interests, termination of employment, and disputes between trade unions within one company. The Industrial Relations Court is formed to examine and decide on the industrial relations dispute, and the execution of the decision handed down will be carried out. However, the problem is how to carry out the execution in the Industrial Relations Court for decisions that have legal force, and whether it is necessary to establish a separate execution confiscation institution is regulated in the Law on the Settlement of Industrial Relations Disputes. Article 57 of the law states that the procedural law applicable to the Industrial Relations Court is the civil procedural law that applies to courts within the general court environment, unless specifically regulated in this law. The entire legal process for the settlement of industrial relations disputes uses the civil procedural legal process, including the rules regarding the execution. Several studies have highlighted the need for a separate execution confiscation institution to improve the effectiveness of the settlement of industrial relations disputes.

Aspects regarding the Divergences between the Constitutional and the Conventional Control in the Field of Human Rights

The integration, at the national level, of the jurisprudence of the European Court of Human Rights may open the subject of a dispute in relation to a contrary jurisprudence of the Constitutional Court, regarding the protection of human rights. This paper integrates the possible disputes and proposes ways of solving them, as well as proposals for improving the dialogue of European states regarding the jurisdictional protection of human rights.