Weak Position Research Articles

Standard Agreement In The Basic Concept Of Contractual Freedom

The agreement is made on a consensual basis. According to the Provisions of Article 1338paragraph (1) of KUPerdata, the Agreement adheres to the principle of freedom of contract. In businessdevelopment, an agreement or contract is made in the form of a standard agreement. Problems inresearch, how the concept of freedom of contract in a standard agreement and whether the principle ofconsensualism is met in the formation of a standard agreement that contains standard clauses. This studyuses a type of normative research on the legal norms of freedom of contract in the standard agreement,descriptive analytical research using document study data collection tools sourced from primary legalmaterials in the form of Civil Code, secondary law materials and tertiary law materials. The conclusionobtained is that the standard agreement, although the clause has been made by the party who has aposition and can oppress the party in a weak position, but in fact the weak party has an element of choice,namely agreeing or rejecting it, so the standard agreement does not violate the principle of freedom ofcontract. The establishment of a standard agreement containing standard clauses violates the principle ofconsensualism is explicitly stated in Article 1320 paragraph (1) of the Civil Code, which states that the legalterms of an agreement is that there must be an agreeme

PERLINDUNGAN HUKUM BAGI KONSUMEN PDAM SURYA SEMBADA KOTA SURABAYA ATAS PENETAPAN TARIF DALAM KONTRAK BAKU

Development in Indonesia is a complete human development, namely development in all fields, considering that economic development and development in general and especially development in the business sector is increasing, unhealthy business competition will inevitably arise both between one business actor and another business actor and between business actors and consumers. One of the business entities engaged in these services is the Regional Drinking Water Company (PDAM) which is a business entity engaged in clean water supply services. Where related to its grievances as a business entity oriented towards profit-oriented on the one hand, and protection of consumers on the other hand is a juridical issue that needs to be considered. The legal relationship that arises between PDAM business actors and consumers as users of water services is a legal relationship born from contractual, where the type of contractual is a standard contract or standard contract, by looking at the concept of a standard contract, it can be seen that the position of one of the parties, in this case, the consumer is in a very weak position because consumers are only given two choices, namely agreeing or disagreeing with the contract. Some PDAMs issued a unilateral tariff increase policy and imposed new tariffs that experienced a significant increase from the old tariff provisions. This tariff increase is considered a unilateral policy so the position of consumers as users of water services in standard contracts is greatly harmed by the unilateral tariff policy. The formulation of the problem in the paper is How is the legal protection of consumers for unilateral tariff determination by PDAM? Based on the results of the study, consumer legal protection for tariff determination carried out unilaterally in standard contracts by PDAMs is regulated in Law Number 8 of 1999 concerning Consumer Protection and Permendagri Number 23 of 2006 concerning Technical Guidelines and Procedures for Regulating PDAM Drinking Water Tariffs. Based on Law Number 8 of 1999, consumers can file a lawsuit civilly with the District Court (PN) or the Consumer Dispute Resolution Agency (BPSK) based on a legal relationship born of contractual origin. Meanwhile, based on Permendagri Number 23 of 2006, if the decision of the Regent and/or Mayor regarding the tariff increase is contrary to Permendagri Number 23 of 2006, it can be sued for cancellation of the decree in the State Administrative Court (PTUN).

Self-empowered Palm Oil Small-holder Farmers: The Case of Tani Subur Cooperative, Kotawaringin Barat, Indonesia

Academic discussion on palm oil business in Indonesia mostly shares us stories about community’s powerlessness vis a vis the corporation and the state. The powerlessness is depicted through the lost land, the fragmented farmers, and the weak bargaining position of the farmers before the corporation dealing with the crop price, Syahza and Asmit (2019) and MCCarthy and Cramb (2009) argue. This research is based on interview and observation in “Tani Subur” Cooperative, Pangkalan Tiga, Kotawaringin Barat, Central Kalimantan, Indonesia, known as transmigration area in the district. The experience of Tani Subur Cooperative farmers told us the different story of smallholder palm oil farmers who try to build solidarity amongst community to strengthen farmers’ ability to join in the business. Despite challenges and difficulties, Tani Subur cooperative has succeeded to be an alternative for farmers to have better life and earning through the development of various businesses, owned and run by community.

Deterioration mechanism of coal gangue concrete under the coupling action of bending load and freeze–thaw

Coal gangue, as a solid waste produced in the process of coal mining, has caused great harm to the environment and society. It is the most practical means to make concrete as coarse aggregate. In practical engineering, concrete materials are often subjected to the combined action of external load and environmental factors. Simply considering the freeze–thaw effect cannot reflect the deterioration characteristics of coal gangue concrete, so that the popularization and application of coal gangue cannot be realized. Based on this, through bending load and freeze–thaw coupling test (stress level 0, 0.2, 0.4, 0.6, 0.8), the mass loss rate, relative dynamic elastic modulus, damage layer thickness, and compressive strength of coal gangue concrete with a replacement rate of 40% were analyzed. The degradation characteristics of pore structure and interface transition zone of coal gangue concrete were studied by nuclear magnetic resonance test and microhardness test. The effects of different stress levels on pore size distribution, pore grade ratio, pore fluid characteristics, and interface zone characteristics were analyzed. The results show that the larger the bending stress ratio is, the faster the degradation of compressive strength and relative dynamic elastic modulus of coal gangue concrete is, the faster the thickness of damage layer increases, the larger the proportion of large pores in the specimen is, and the pore connectivity is enhanced. In addition, the interface area between coal gangue aggregate and mortar is the weak position of coal gangue concrete, and its thickness and microhardness are widened and decreased with the increase of stress level. The deterioration of the interface area makes the specimen close to failure.

POLITIK HUKUM PERLINDUNGAN NELAYAN TRADISIONAL TERHADAP ILLEGAL FISHING

The wealth of fisheries in Indonesia is very large, because Indonesia's ocean area is very wide covering two-thirds of the total territory of the State of Indonesia. This wealth will become useless when it only becomes an easy target for illegal fishing actors, whether it is carried out by corporations or individuals from foreign countries or within their own country. Traditional fishermen are always on the disadvantaged side because of their weak position both managerially and the lack of facilities and infrastructure they have. The government must make policies in the form of legal politics in favor of traditional fishermen, so that traditional fishermen are the spearhead of the management of Indonesia's marine wealth. The method used in writing this thesis is to use a normative juridical approach. The types of data used are primary data, secondary data, and tertiary data. While the method of data collection is done through library research (Library Research). The results of this study show us that the government has made legal policies/politics to protect traditional fishermen in the form of products of laws and regulations at the level of laws and regulations below. In addition, there are also several direct policies carried out in the field related to efforts to protect traditional fishermen related to illegal fishing.

Trapping and binding by dephasing

The binding and trapping of particles usually rely on conservative forces, described by unitary quantum dynamics. We show that both can also arise solely from spatially dependent dephasing, the simplest type of decoherence. This can be based on continuous weak position measurements in only selected regions of space, for which we propose a practical realization. For a single particle, we demonstrate a quantum particle in a box based on dephasing. For two particles, we demonstrate their binding despite repulsive interactions, if their molecular states are dephased at large separations only. Both mechanisms are experimentally accessible, as we show for an example with Rydberg atoms in a cold gas background.

Mechanical response of existing tunnels for shield under-crossing in cobble strata based on the model test

A model test of shield under-crossing in cobble strata is conducted, based on the self-designed earth pressure balance (EPB) shield platform, to analyse mechanical response of the existing tunnel. The test model includes two existing tunnels, i.e., a horseshoe tunnel and a rectangular tunnel, which are designed by taking the interval tunnel of Beijing metro line 10 as background. The earth pressure acting on the existing tunnel, longitudinal strain of the top plate and base plate of the existing tunnels, and circumferential strain in the central cross-section of the existing tunnels, are measured during the shield under-crossing process. Based on the measured results, variation law of the earth pressure on the existing tunnels and their deformation feature along the longitudinal and circumferential direction during the whole shield advancing process are revealed. The deformation difference between the horseshoe tunnel and rectangular tunnel is found, and the weak positions in the two existing tunnels are pointed out.

To facilitate a fair bioeconomy transition, stronger regional‐level linkages are needed

AbstractThe great hopes in Brussels that a circular bioeconomy will help bridge the growing divide between urban and rural areas and allow the hinterlands to prosper from ‘green growth’ are addressed in this article, which reflects on insights from three Nordic case studies of brown, green and blue biomass use at different levels of technology readiness. A closer examination of the forward, backward, fiscal and final demand linkages at regional level from increased biomass utilization, from eastern Finland and northern Sweden to Jutland and North Atlantic islands, suggests that linkages are and will remain relatively weak, predominantly dashing the expectations. As suppliers and exporters of natural resources, disadvantaged regions may all too easily get locked into a ‘staples trap’, where the value creation evaporates owing in part to the steep start‐up costs and the associated boom‐and‐bust cycles, which place them in a weak position vis‐à‐vis the resource manufacturers and consumers. To make the prospects of development, employment and prosperity in the hinterlands materialize, measures are needed to strengthen the regional‐level economic linkages. Regional‐level revolving funds based on benefit‐sharing instruments related to natural resources can be used to bolster economic development, as reflected in such schemes present in both China and Canada. We call for further research into whether and how such approaches can be replicated successfully by channeling revenues from biomass cultivation to regional‐scale revolving funds, with mandates to strengthen long‐term economic linkages and prosperity within the hinterlands. © 2022 The Authors. Biofuels, Bioproducts and Biorefining published by Society of Industrial Chemistry and John Wiley & Sons Ltd

Instrumental Music in Late Eighteenth-Century Naples: Politics, Patronage and Artistic Culture, by Anthony R. DelDonna

<i>Instrumental Music in Late Eighteenth-Century Naples: Politics, Patronage and Artistic Culture</i>, by Anthony R. DelDonna

Customarys dynamic relationship with Islamic law in terms of afghan womens rights

This article aims to study the dynamic relationship of customary with Islamic Law regarding women's rights in Afghanistan and clarify that while Islamic Law and Positive Law exist; thence, people deprive women. Therefore, it answered the following questions; what is the dynamic relationship between customary and Islamic Law? Why do Afghans prefer customs to Islamic Law and Civil Law? What kind of rights are women deprived of in Afghanistan? Furthermore, this library-based research defined Islamic Law, the customary, and the relationship between the Customary to Islamic Law and statutes. Then, this article argued the legal status of women, like forced marriage, underage marriage, deprivation of the right of inheritance, taking widows as inheritance, and giving daughters for blood money. Likewise, it argued the superiority of customs over the laws, like the fragmentation of the Laws, Ulama's weak position on women's rights, family stigma, women's poverty, women's ignorance, and non-enforcing the laws.

The Disproportionate Rights and Duties of the Insurer and the Insured in Fiji

Much judicial and academic ink has been spilled over pre – and post-contractual rights and duties of insurer and insured, and it continues to flow, even now. Due to a lack of specialized knowledge and skills, policyholders are always in a weak bargaining position when proposing insurance (Qing Luo, ‘The Legal Protection of the Insured: a comparative study of Chinese, UK, and Australian Insurance Law’, Doctoral Thesis, City University of Hong Kong, CityU Scholars, 14 July 2006, 1, (accessed 25 August 2021, 2:20 pm FST) https://scholars.cityu.edu.hk/en/theses/the-legal-protec tion-of-the-insured(8b392fcd-0a72-4591-81ce-9fced f2a7feb).html). The insured is further disadvantaged because the insurer will only be prepared to enter into a contract of insurance upon its terms; and not tailor-make policies to suit the needs of the insured. Hence, the insured has no choice but to accept what is being offered. The insured is further embraced by the fact that insurance regulations generally protect the insurance industry and the insurer and impose heavy responsibilities on the policyholder. This article is a critical examination of the rights and duties of insurers and insured, vis-à-vis good faith, contracts of insurance, and settlement of insurance claims. The biggest challenge facing the insurance industry is the lack of consumer protection. The regulators of the industry should ensure that insurance regulations perpetrate fairness. Consumer, Inequality, Insurance, Regulation, Scheme

"The Russian-American Role in managing Crises : Syrian Crisis as a Model"

Russian-American relations in the modern era have gone through several stages, dominated by the nature of conflict and competition, more than cooperation, which has not yet risen to the level of strategic partnership between the two parties. If the US-Soviet relations had left an impact on the international balance of power during the Cold War, the collapse of the Soviet Union and the birth of the Russian Federation ended what was known at the time as the Cold War, to start a new phase in the international system called the unipolar world, expressing the uniqueness of the United States in hegemony over The world, especially after Russia came out burdened with heavy economic burdens and commitments that made it in a weak position affiliated with the United States, especially in the first half of the nineties of the last century. One of the events in the Middle East, which has come under American hegemony and influence to a large extent, resulting in wars in which the United States occupied Afghanistan and Iraq The Middle East was and still is one of the most vital regions in the world that has witnessed rounds of US-Russian competition, especially in the Syrian crisis, because of its important strategic location, and the huge natural resources it contains, the most important of which are oil and gas, which are the most important sources of energy in the world, and who controls them. It controls the fate of the world today.

The effect of impurities Pb, Bi, and PbO on erosion properties of Lead‐Bismuth Eutectic alloy on Fe3O4 oxide film by first principle calculations

The first‐principle calculation was performed to study the effect of impurities Pb, Bi, and PbO on erosion properties of liquid lead‐bismuth eutectic alloy on the metal oxide (Fe3O4) and its surfaces. We found that whether in the bulk or on the surface of Fe3O4 the formation energy by substitution of Fe with Bi is slightly larger than that with Pb substitution and the formation energy by substitution of Fe with PbO is much larger than those with Pb and Bi, indicating that PbO has weaker corrosion potential than Pb/Bi. The calculation results show that a tetrahedral site in Fe3O4 should be the weakest position where Fe3O4 is attacked by these exotic impurities. The corrosion process on the oxide film will be initialized at that position. It can be seen that for the doping case the dissociation energy of Fe atom in the (110) surface has the smallest value, a medium value in (100) surface, and the largest value in (111) surface. Correspondingly, the corrosion resistance of doping Fe3O4 film in (110) surface is the weakest one among these surfaces. For the doping‐free case, the (100) surface has the weakest corrosion resistance. By comparing the doping case with no‐doping case it can be seen that the impurities of Pb, Bi, and PbO will weaken the corrosion resistance of Fe3O4 film further. The doping has a negative impact on the stability of the structure and on the corrosion resistance of Fe3O4 film. From present results, it is also seen that the replacement of Fe in Fe3O4 by multiple impurities is more likely to occur than the replacement of only single impurity.

Corporate divestitures around acquisitions

Divestitures often accompany acquisitions. Relying on a global sample, we provide support for the efficient restructuring view of acquisition-related divestitures. These divestitures add on average 2% to the total value creation of the acquisition process, translating into a value increase of $149 million. We test various efficiency channels potentially explaining this value contribution. The results indicate that the value contribution varies with the synergistic potential of the acquisition process. We do not find empirical support for efficiency-improvement related to agency correction, financial constraint relaxation, and regulatory concern anticipation. Examining returns for divestitures only, we find that those around acquisitions are not transactions with weak bargaining positions.

Financial Shocks, Financial Stress and Financial Resilience of Australian Households during COVID-19

The purpose of this article is to provide a review of the impact of the COVID-19 pandemic on Australian household finances and understand how the pandemic has had significant repercussions for household finances and behaviours toward saving and spending goals. Based on a national survey conducted by the Australian Bureau of Statistics in December 2020, we report that financial shocks continued to hit low-income households and one-parent families with dependent children the hardest. The lowest-income households had to forfeit a week’s worth of income on a less expensive shock but three times their weekly income to absorb a more expensive shock. The low-income households and one parent family with dependent children did well in following a budget, however, they were in a weak position when considering the ability to save regularly. The overall households also had a low rate of seeking financial information, counselling or advice from a professional. These findings will have implications for the policymakers and advisors who assist households in sustaining their finances and well-being.

Dynamic Centrifuge Test and Numerical Modelling of the Seismic Response of the Tunnel in Cohesive Soil Foundation

Few studies have been published on the dynamic centrifuge model test of cohesive soil under earthquake action. The seismic response of cohesive soil foundation and tunnel was studied by the centrifuge experiment and numerical modelling. Through a comparison of the acceleration results of tunnel and cohesive soil foundation and the pore pressure and displacement of cohesive soil foundation, the influence of tunnel on cohesive soil foundation is discussed. The weak position of the tunnel under earthquake is predicted by effective numerical modelling. The results show that: (1) Under the Parkfield seismic wave, the natural frequency of the cohesive soil foundation with the tunnel is about 0.3 Hz, which is the most clear for the amplification of the low frequency component and the amplification of the seismic acceleration from bottom to top; (2) The acceleration response of the tunnel itself is small, and the effect of seismic wave on the surrounding soil is weakened due to the existence of tunnels; (3) The maximum bending moment and shear force appear at the corner of the rectangular tunnel, and the maximum axial force appears at the top of the rectangular tunnel; (4) The lateral displacement of the surface soil is the largest, and the pore pressure reduction in the middle soil is the largest compared with other soil layers. The existence of tunnels weakens the liquefaction potential of the surrounding soil.

Rethinking the Robe River dispute 1986-7 – de-unionisation in Australia’s Pilbara iron ore industry in the early neoliberal period

ABSTRACT The Robe River dispute of 1986-7 was the anti-union New Right’s first attempt to defeat union power at a large workforce in Australia. This occurred during an industrial relations period of ‘cooperation’ between unions, employers and government under Australia’s social contract – the Accord. The dispute was also the first successful attack of its kind in Western Australia’s highly strike-prone Pilbara iron ore industry. Despite its subsequent victory, Robe River management was in a weak position during the dispute, and successful industrial action was a viable prospect. Unionists at the Robe River company were the most militant in the industry. Yet after a six-month dispute, union power was no longer. This article argues union officials’ strategy of avoiding industrial action at all costs led to defeat. This strategy was adopted in the context of firstly, the social contract promising peace between unions and employers, secondly, the Pilbara industrial relations environment of strong localised grassroots networks of union power, conflict with metropolitan-based union officials, and worker encroachment on managerial prerogative, and thirdly, the contingent conservatism of the trade union bureaucracy. Union power in the Pilbara had underlying political weaknesses, meaning that an alternative strategy to that adopted by the union bureaucracy did not win out.

Dampak Efektivitas Rantai Distribusi Perdagangan bagi Peningkatan Daya Saing Daerah (Studi pada Pengaturan Distribusi Perdagangan Kopi di Kabupaten Jombang)

Efforts to strengthen regional competitiveness are strongly influenced by sectoral performance. In the context of competitive competitiveness, the diversity of sectors that determine regional competitiveness must be strengthened through the effectiveness of the trade distribution chain. However, this opinion still leaves debate regarding how much the effectiveness of the trade distribution chain contributes to the strengthening of sustainable regional competitiveness. Based on these conditions, this study aims to strengthen whether the trade distribution chain is really able to strengthen sustainable regional competitiveness. This research takes a case study in Jombang Regency where the regional economy is contributed by the agricultural sector. Therefore, the case of the distribution chain taken from this research is the commodity of the agricultural sector, especially the commodity of coffee. Based on the results of a questionnaire-based survey on coffee commodity traders, this study found that the level of trade effectiveness was able to create transaction cost efficiencies, thereby creating high economic cost cuts. Transaction costs have so far been suspected of having a major effect on wasting economic resources, distorting the welfare level of the perpetrators, as well as making regional sectoral performance in a weak position. These results are expected to be a reference in formulating the strengthening of the distribution chain of trade in various commodities as a determining variable for regional competitiveness.

Competitiveness in the Horticultural Market of Ukraine

Competitiveness generally characterises the relative advantages in the market according to various quantitative and qualitative criteria and ultimately affects the development of its market conditions and the overall food supply of the population. Therefore, the study of competitiveness in the horticultural market in terms of production and sales volumes, prices, quality, and pomological varieties is quite important. The establishment of relative indicators of competitive advantages in the fruit and berry market determines favourable positions by various operators of economic relations. The purpose of the study consists in determining competitiveness in the fruit and berry market using relative indicators for comparing preferences in terms of the volume of the supply of fruits and berries by different categories of farms, prices, and pomological varieties. The research was guided by methodological approaches to determining the competitiveness of agricultural products in the Ukrainian agricultural market. At the same time, the following methods were used: dialectical method of cognition of market processes and a systematic approach, analytical generalisations, statistical comparison, constructive and computational, abstract and logical method. Based on comparative indicators of competitiveness of horticultural products in the Ukrainian market, the level of market competition of agricultural enterprises and households is estimated: the coefficient of market competition and the Herfindahl-Hirschman Index of market concentration. It is established that according to the first level of concentration of the industrial sector, the Ukrainian fruit market is in the low concentration group. Another indicator defined for households indicates a low concentration, high competition, a sufficient number of operators, and a weak position of each of them. In terms of fruit and berry production, Ukrainian producers are more competitive than importers. In terms of prices, agricultural producers and importers had competitive advantages. Competitive pomological varieties of fruits and berries for producers, traders, and consumers are determined based on calculations of competitive advantages and author’s study of the trade and consumer sectors. The competitiveness of various categories of farms in the horticultural market, competitive advantages in terms of production volumes, prices, and pomological varieties of fruits and berries are determined from the standpoint of the need to rationally provide the needs of the population with high-quality food products and further market development. The findings should be used in the creation of a target programme for the development of the food market for a long-term period aimed primarily at the rational provision of food products competitive in price and quality to the population of Ukraine.

Analysis of Music Wisdom Education Mode under the Background of Internet of Things

With the rapid progress of information technology, more and more things can be transmitted and analyzed in the form of data through sensors. The idea of interconnection of all things is gradually becoming a reality. With its blessing, many areas of people’s life are quietly changing, such as health care and education. In particular, the concept of smart classroom makes music, geography, and other traditional subjects, which are in a weak position and glow with a new era glory. This paper takes the music wisdom education mode under the background of Internet of things as the research object, analyzes the contemporary practice of music wisdom classroom by using the methods of data analysis and vertical comparison, and uses the methods of data analysis and longitudinal comparison to analyze the contemporary practice of music wisdom classroom, the practical choices it provides in the music teaching process, and the innovative music teaching design form. The strengths that enhance students’ cultural experience in the music classroom and other areas can be elaborated upon. And its future development trend is expected. Looking forward, it will make remarkable achievements in intelligent attendance management, the connotation and extension of innovative music wisdom education in compound classroom interaction, and so on.