Related Disputes Research Articles

PERLINDUNGAN HUKUM ATAS KARYAWAN ATAS PEMUTUSAN HUBUNGAN KERJA DI PT. HAIR STAR INDONESIA

Termination of employment still become unsolved-well problems in many countries, especially in Indonesia whom the most crowded country in South East Asia. This case seen us how policy or political systems in Indonesia need improve and development in many sectors to provide mutual agreement for company and labour. Through Undang-Undang No.2 Tahun 2004 about Settlement of Industrial Relations Disputes, labour that were fired in PT. Hair Star Indonesia can be protected their rights. Conflict Resolutions through comprehensive methods, are the only answer to solving termination of employment problems in Indonesia

Peran Kantor Pertanahan Kota Tanjungbalai dalam Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Kota Tanjungbalai

This article aims to analyze the role of the Tanjungbalai City Land Office to reduce and prevent disputes/conflicts and what factors are obstacles in reducing and preventing disputes/conflicts. This type of research is normative legal research. The approach method used is the statute approach. Based on the research, the legal regulation regarding PTSL in Indonesia is Permen ATR/Head of BPN Number 6 of 2018 concerning PTSL contained in Presidential Instruction No. 2 of 2018 concerning Acceleration of PTSL throughout the Republic of Indonesia. The role of the Tanjungbalai City Land Office to reduce and prevent disputes/conflicts is as a mediator in land disputes that occur, carrying out studies and handling problems, disputes, land cases, through non-litigation methods: first, the Land Office takes a persuasive approach to the community, seeking information related disputes. Second, outreach to the community regarding this dispute. Third, deliberation is carried out with the disputing parties with community leaders. Then the object of the dispute is merged and land registration is carried out through PTSL. After the certificate is issued, the Land Office distributes the land parcels to the entitled parties. Factors that become obstacles in reducing and preventing disputes/conflicts, namely: a) it is difficult to contact the disputing parties, b) the disputing parties do not want to budge, c) socialization and mediation are difficult, d) it is difficult to find common ground between the parties. in dispute, e) takes a long time.

Ecological and Legal Significance of the Implementation of the Principle of Water Bodies and Hydraulic Structures Relationship that Form the Water Management System: Based on Court Practice Analysis

The paper examines the issues of the legal status of water management systems and their elements in the aspect of the implementation of the principle of water legislation, which establishes the regulation of water relations based on the water bodies and hydraulic structures relationship that form the water management system. The author gives a general description of this principle and reveals its significance in regulating relations for the use and protection of water bodies. The main attention in the paper is given to the analysis of the judicial interpretation of the principle of the relationship between water bodies and hydraulic structures that form the water management system, when considering cases related to property rights to hydraulic structures. Such disputes, as a rule, are due to the fact that water bodies are in the ownership of the Russian Federation, with which hydraulic structures are actually connected, then the hydraulic structures turn out to be owned by a legal entity or individual. The author shows under what conditions the courts interpret the «relationship» of a water body and a hydraulic structure as a property one, by analogy with the principle of the unity of a land plot history, and under which conditions they recognize the existence of an independent legal status for each of the objects that make up the water management system. Based on the results of the study, the author concluded that there is no proper legal regulation in terms of the procedure for distributing property rights to a hydraulic structure and a water body as components of the water management system, as well as in terms of establishing the legal status of the water management system as a single property complex. This is the reason for the lack of uniformity in the judicial practice in resolving property disputes in relation to water management systems and the interpretation of the principle under consideration.

Alternative ways of resolving shareholder disputes in property relations in Ukraine and the EU

In the conditions of a war caused by the invasion of Russian troops on the territory of Ukraine in February 2022, an unstable exchange rate of the dollar and euro, the suspension of various structures. After such a full-scale invasion, Ukraine will need more than a decade to restore the economy. All business entities must work and ensure economic recovery. For the proper functioning of joint-stock companies, it is necessary that their activities are not hindered by the delayed resolution of disputes in court. It is necessary to settle disputes that arise in joint-stock companies using alternative

Auction mechanism design of the Chinese national carbon market for carbon neutralization

The carbon market auction mechanism is an important policy tool for carbon pricing and a key mechanism that supports carbon emission neutralization, especially for China. A few systematic studies exist on China’s carbon market auction mechanism. This article focuses on the five auction mechanisms in Chinese pilot emission trading schemes (ETS), reviews the structures and bidding situation of the five-pilot auction mechanism, extracts the similarities, and analyzes their different features, such as auction mode, bidding scale, participants, pricing mode, auction frequency, and so on. This study conducts an in-depth analysis of the carbon allowance auction mechanism in the Guangdong pilot ETS of China, including its development and the evolution of the key elements, its operational effects, and related disputes. Finally, this study puts forward the trend forecast and suggestions for the Chinese allowance auction mechanism, such as the time window of launching national allowance auctions, the most likely auction mode, carbon pricing, and bidding revenue management. Carbon pricing by auction is the most powerful policy tool for addressing carbon emissions reduction and implementing the Glasgow Climate Pact.

The mediation of property and valuation disputes

Over the years alternative dispute resolution (ADR) systems have progressed, the pre-action protocols often require parties to consider ADR before using adjudicative procedures. As a result trends and rises in mediation in recent years are unfounded. Notably there has been an increase in the use of mediation in the construction and property sector. The combination of new technologies and COVID-19 has led to an increase in online mediation. This paper investigates research findings that shows the benefits of mediation in construction and property related disputes, namely its cost benefits and maintenance of working relationships and assesses the findings from Centre for Effective Dispute Resolution’s Ninth Mediation Audit. The process of mediation is an important one and choosing the right mediator should not be overlooked.

PEREGRINATION OF ARBITRATION IN INDONESIA: IS LAW NO. 30 OF 1999 A TRUE EVOLUTION OF ARBITRATION PRACTICE?

Indonesia has recently become a favorite destination for investors and traders to do business, either investor or to trade. Indonesia as a soon to be one of business hubs in South East Asia Region has everything it needs to become not only a place to do business but also to settle business related dispute through arbitration, as Indonesia itself has ratified several important conventions such as the 1958 New York Convention and ICSID Convention, further Indonesia has already had an arbitration law which governs the whole procedure of conducting arbitration in Indonesia or enforce an award in Indonesia. This law is already more than 20 years old, which means Indonesia has gone through several economic dynamic and changes of business trends. Those changes, undeniably may affect the relevancy and effectiveness of Law No 30 of 1999 and therefore reveal the loopholes and irrelevancy of this law, such as the potential of denial of justice practice, arbitrator negligence which may result in an unenforceability of an arbitral award and unclear definition of public order, which shall be revised and repaired in the future amendment for the sake of legal certainty

PEMUTUSAN HUBUNGAN KERJA OLEH PERUSAHAAN TERHADAP PERSELISIHAN HUBUNGAN INDUSTRIAL DI INDONESIA

Termination of employment by companies is a dynamic of industrial relations for actors in the process of producing goods and services between workers, employers, and the government. The company has a socio economic nature in carrying out industrial relations, dealing with the juridical aspects that apply in Indonesia. The company terminates the employment relationship unilaterally, causing suffering to the workers because they lose their livelihood for their lives and their families. Labor laws and regulations in Indonesia have not been effective and have caused many problems in implementing harmonious industrial relations. Government interference as a power organization can provide protection for workers affected by termination of employment by the company. Keywords: Termination of Employment, Industrial Relations Disputes

The Effects of Rural Land Registration and Certification on Land Management Practices in Damot-Gale District, Southern Ethiopia

The main objective of this study is to assess the role of rural land certification on land management and agricultural production in Damot –Gale District in Southern Ethiopia. It aimed to assess farmers’ awareness of rural land registration and certification on land tenure security. Both primary and secondary data have been used to achieve the objectives of the study. The primary data for this study were collected from 145 HHs selected from four KFAs by using simple random sampling technique. Quantitative and qualitative data were gathered from the respondents using questionnaires, group discussion and interviews. The finding of this study showed that the perception of farmers increased about the importance of land certificate in providing land tenure security after certification. This shows that land certificate helps to increases the perception of farmers about their land security rights. Analysis of qualitative and quantitative data showed that the respondents believe ast land certification reduced land related disputes, protected security of women land rights, helps farmers in renting their land for short period of time and access to credit. The study findings from the survey also showed that the majority of the respondents perceived that the current land administration is good for them. In terms of land management practices the finding revealed that the majority (62%) of the respondents indicated that they are practicing soil and land management due to certificate, i.e. land certificate increases the perception of farmers in LMPs. But the other (38%) of the respondents do not practicing soil and land management due to certificates. They were managing land even before getting certificates and seemed to be more motivated by the extension services. When LMPs are concerned farmers are motivated to practice different types of LMPs (such as terracing, planting of trees, Application of compost, planting fodder trees on pasture land, harvesting water structure etc) each of these land management practices has shown significant differences after certification. Key words: Land rights, tenure security, LMP, land administration system DOI: 10.7176/JRDM/85-03 Publication date: May 31 st 2022

Flowers in a mirror: Critique of ‘Confucianization of law’

ABSTRACT The theory of ‘Confucianization of law’ put forward by T’ung-tsu Ch’ü in his book titled Law and Society in Traditional China has a great academic influence in the world. However, ‘Confucianization of law’ is like ‘flowers in a mirror’ because its concept is too one-sided and ambiguous to describe ancient Chinese legal philosophy. Although it once has helped non-Chinese understand ancient Chinese legal philosophy, it is essentially a hypothesis of Ch’ü after reading limited historical materials and easily leading to a simple understanding of the dichotomy of Confucianism and Legalism in ancient Chinese legal philosophy. To distinguish the origin, concept, and related disputes of ‘Confucianization of law’ is helpful to discover the multicultural background of ancient Chinese legal philosophy and find the fact that Confucianism itself is alienated by politics. From the perspective of political pragmatism, there is no difference between Confucianism and Legalism in essence, but in means.

Mediation as an alternative way of settlement of disputes in agricultural export relations

The article considers the concept of mediation, which are proposed by domestic and foreign scientists. By analyzing the concept of mediation, it turned out that this alternative method of settling disputes in export relations in the agricultural sector has several advantages: no significant financial and time costs, the ability of the parties to reach a settlement compromise that allows a decision that satisfies both parties, and the presence of an impartial mediator which only has the right to guide the parties towards a common decision.
 Mediation is a common way of resolving disputes in many countries. And it was found that the mediation is different in each country: different time limits on its use (pre-trial stage or after the trial), differs legal support for this procedure, various institutions that ensure its functioning, etc. In article notes that the recognition of mediation allows signing foreign economic agreements between countries in the agricultural sector, even with the differences in the consolidation of mediation in the legislation of foreign countries.
 The long absence of legislation to consolidate mediation as an alternative means of resolving disputes in Ukraine had hampered the development of export relations in the agricultural sector. That is why foreign counterparties could justifiably refuse to conclude foreign economic contracts with the Ukrainian side due to non-recognition of the latter's mediation procedure, which deprived the parties of a rapid and peaceful means of resolving any disputes.
 The article points out that Ukraine is currently promoting mediation on its territory. The Law of Ukraine "On Mediation" was adopted, there are organizations whose activities are aimed at promoting mediation, and it was signed the Convention on International Settlement Agreements Resulting from Mediation. It indicates Ukraine's recognition of mediation at the international level and its willingness to ensure the implementation of agreements reached on the results of mediation in our country, which will positively affect the willingness of foreign partners to cooperate with Ukrainian agricultural sector.

Effectiveness of Sela's Decision in Article 96 Law Number 2 of 2004 on the Resolution of Industrial Relations Disputes

Disputes in the industrial sector have led to problems in settlement by judges and legal imbalances in law enforcers and society. The objective of this research was to discuss the effectiveness of the implementation of interlocutory decisions in the Gresik Class IA Industrial Relations Court, where there has been a mismatch between the substance, namely the law regarding interlocutory decisions, and the legal structure, namely law enforcers who in this case are judges. This was juridical-empirical research that used a case research approach and descriptive analysis was used. The results demonstrated that the ineffectiveness of the interlocutory decision in Article 96 of the PPHI Law at PHI Gresik was due, first, to the inconsistency of the legal sources used during the payment process of wages between the Constitutional Court and SEMA. Second, the judges felt fear and doubt in fulfilling the justice of the parties when passing the interlocutory decision and fulfilling the workers’ lawsuit; however, in the final decision, the employer ultimately won. Third, there was no explanation for the evidentiary requirements for the delivery of the interlocutory decision in the PPHI Law, which was different from the decision in the District Court on Civil Law. The problems with interlocutory decisions will lead to imperfect application of the law, in terms of the substance of the law, the practice of the law enforcers, and the culture of society.
 Keywords: effectiveness, interlocutory verdict, industrial relations disputes

A TWAIL critique of intellectual property and related disputes in investor‐state dispute settlement

AbstractThis article analyses intellectual property (IP) disputes in investor‐state dispute settlement (ISDS) through the lenses of Third World approaches to international law (TWAIL) and how a reformist TWAIL approach might be used to address the concerns related to IP‐ISDS disputes. It has three objectives. First, to discuss TWAIL and its readings of IP. Using the TWAIL framework, the article illustrates TWAILers’ positions on the Agreement on Trade‐Related Aspects of Intellectual Property (TRIPS) are an ideologist project that aims to transplant IP norms to developing countries and the role of actors, particularly industrialist lobbying in the making of international IP norms. Despite such views, the compromise that was made in the form of TRIPS’ flexibilities being threatened by ISDS mechanisms. Thus, the second objective of this article is to demonstrate the implications that recent IP‐related ISDS disputes could potentially undermine the balance achieved through TRIPS. The last objective is to demonstrate how the Global South is regaining its sovereign regulatory control through a reformist approach.

INDUSTRIAL RELATIONS DISPUTE CLAIMS TERMINATION BY WORKERS (Case Study of Case Number 972K/Pdt.Sus-PHI/2018)

Indonesia is a state of law, as stated in Article 1 paragraph (3) of the 1945 Constitution, which reads "Indonesia is a State of Law" Law number 13 of 2003 concerning Manpower can be said to be a material law in the field of manpower. material law if there are violations committed against Law number 13 of 2003 concerning Manpower, of course there must be a formal law in enforcing the material law. The Republic of Indonesia number 2 of 2004 concerning the Settlement of Industrial Relations Disputes (UUPPHI). Such as the legal issues of industrial relations disputes, termination of employment that occurred between Teti Sunarti (a worker) and the Central Board of the Association of Indonesian Loading and Unloading Companies (DPP APBMI). In this case, expel workers on the grounds that the General Chairperson of the APBMI DPP is uncomfortable with the presence of workers. Workers ask the DPP APBMI to provide compensation in accordance with the applicable laws and regulations. Problem formulation: 1). How is the settlement of industrial relations disputes regarding termination of employment in the industrial relations court at the Central Jakarta District Court? 2). How is the application of compensation due to termination of employment after the case has permanent legal force? This research uses a normative research type, namely legal research that aims to describe the findings, norms, positive legal principles, legal systematics that have been available and contained in secondary data. The conclusion of the APBMI DPP's action to expel workers without being followed by a legal process resulted in workers suing, as compensation the APBMI DPP must provide compensation to workers in the amount of Rp. 71.200.000 (seventy one million two hundred thousand rupiah).

Segmentation, business environment and global informational efficiency of emerging financial markets

The study investigates global information diffusion into emerging markets (EM) security prices. It explores the role of financial market segmentation and the business environment in describing global information production by emerging markets securities. Using Kalman smoother and variance decomposition techniques, the study estimates the global informational efficiency of emerging markets securities. It finds that global informational efficiency is time varying. Similarly, increased market segmentation, strength of legal rights, and rising ADR cost minimise global information diffusion into emerging markets security prices. Additionally, improved business start-up procedures, framework for resolving insolvency and financial market depth facilitate the incorporation of global information into security prices. The evidence shows the need for emerging markets to implement policies geared towards improving the global integration of their financial markets, enhancing the business environment, and developing cost effective and adequate framework for resolving insolvency and business related disputes. This is necessary in ensuring the diffusion of global news to emerging market security prices and consequently attracts investments into emerging economies.

Analisis Keterhubungan Konsep Merek dengan Nama Domain: Kajian Kekayaan Intelektual di Indonesia

Globalization has had a very significant impact on the pattern of human interaction. Migration from the citizen into the netizen era, slowly but surely will happen soon. Changes in this pattern of interaction is actually followed by changes in terms and systems that apply, for example in concern with the cyber law. Legal problems that did not happen in the real world, could happen in the virtual world. One form of problems that arise includes related disputes to domain ownership, concept of domain name law and the relationship between the concept of the trademark with the domain name. Legal products made by the government have not been thoroughly in providing legal protection for such domain name cases. So the authors feel the need to convey some legal analysis related to the connection between the concepts of trademark law with the law of domain names in Indonesia.

Community forestry and its implications for land related disputes: Evidence from India

India has a history of contested land ownership over forests. The contest is between government that has held legal rights and forest-dwelling communities whose traditional rights have not been recognised. However, in 2008 a legislative reform – Forest Rights Act (FRA) – was introduced that gave forest ownership rights to forest-dwellers. We study evolution of land-related disputes after enactment of FRA. Two opposing forces are expected. While provision of land rights is likely to address forest-dwellers contestation over diversion of forest land, existence of contradictory laws as well as implementation gaps undermine the rights of forest dwellers. Additionally, the legislation is likely to increase the value that communities place on land, increasing their demand for titles in case of a contest. We employ difference-in-difference methodology to show that land disputes increased after FRA implementation. We show that contradictory conservation policies, lax implementation and increased incentives to demand claims resulted in this increase.

Risk assessment in Iranian oil and gas construction industry: a process approach

PurposeSuccessful risk management is influential in different phases of construction projects. It can play a critical role in reducing the possibility of claims as well as related disputes. The risk management knowledge area in large capital projects such as oil and gas is considered a questionable problem in the construction industry. The present study makes an effort to identify the importance of process groups in improving risk management performance.Design/methodology/approachThis study is selected and ranked 36 factors leading to the claim in Iran's oil and gas industry through the Delphi method and a questionnaire. Factors categorized into a risk breakdown structure (RBS) include eight groups. Factors are linked to one of the process groups by a Delphi method. Finally, the relationship between RBS and the five process groups is analyzed using partial least squares structural equation modeling (PLS-SEM).FindingsFindings showed that the planning process group had more confirmed factors than others. Most of the supported communications belonged to the contractor and the owner parties. Also, the cause of delay in the implementation phase due to the contractor performance had a higher relative importance index.Originality/valueThis article, from a project life-cycle perspective, considers the new structure between the risks leading to claims and the key parties to the project. It can be a good criterion for identifying risks and a timelier response to them before the risks turn into disagreements.

ПОНЯТТЯ, КВАЛІФІКУВАЛЬНІ ОЗНАКИ ТА ВИДИ КОРПОРАТИВНИХ СПОРІВ

The article is devoted to the legal nature of corporate disputes, the study of their criteria and types. Deficiencies in cur rent definition of corporate dispute in the economic procedural legislation, as well as the lack of a single concept of corporate dispute in the legal doctrine are revealed. As a result, the problem of understanding the essence of corporate dispute and determining the jurisdiction of disputes arising from corporate relations remains crucial. It is concluded that a corporate dispute is a dispute between a legal entity of corporate type and its participant (foun der, shareholder, member), including a participant who left, related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of the legal entity. It is proposed to consolidate this definition of corporate dispute in paragraph 3 of part 1 of Art. 20 of the Economic Procedural Code of Ukraine. The key features of the corporate disputes are determined and characterized: content; special subject composition; grounds and circumstance in proof; plurality and exclusive nature of remedies in such disputes. It is established that the content of corporate dispute is corporate relations, which the legislation currently defines only through corporate rights. The necessity of complex understanding of corporate relations is substantiated and it is proposed to consider them in part 3 of Art. 167 of the Economic Code of Ukraine as relations related to the acquisition, exercise, termination of corporate rights, creation of a legal entity, implementation of corporate management, activity and termination of a legal entity. Based on the analysis of the features of corporate disputes, research of scientific approaches and relevant case law, the classification of such disputes is carried out. In particular, corporate disputes are proposed to be classified according to subjective, substantive criteria, as well as on the grounds of their occurrence. It is established a list of disputes that belong to corporate and distinguished them from related disputes. In order to resolve the problem of jurisdiction of disputes arising from corporate relations, it is proposed to enshrine in part 1 of Art. 20 of the Economic Procedural Code of Ukraine list of corporate disputes.

Use of the Bipartite System in Industrial Relations

Basically, industrial relations between workers / workers and employers can not always be established harmoniously. At any time, there could be a dispute between the parties. This dispute is triggered by differences in interests between workers and employers. So, disputes are inevitable. But this industrial relations dispute cannot be left alone. It must be resolved immediately by the disputing parties. Otherwise, it will result in disruption of the production process of goods and services in the company which in turn will disrupt economic stability. The provisions of Law No. 2 of 2004 on Industrial Relations Dispute Resolution have provided the appropriate mechanism to resolve any disputes in industrial relations. One of the preferred mechanisms in this case is bipartite. This mechanism is a mechanism that is taken outside the court path (non litigation). Bipartite in its implementation is mandatory. Therefore, in every industrial relations dispute must first be pursued bipartite mechanism in the settlement. This bipartite priority gives authority to the disputing parties to be able to discuss, discuss and find solutions to the disputes at hand. The direct involvement of the parties is expected to provide a settlement that benefits both parties. This is very appropriate because the parties are more aware of their respective wills / desires even better understand how to sit disputes that occur.