Private Parties Research Articles

Monetary sovereignty in the digital era. The law & macroeconomics of digital private money

The relationship between private and public money has shaped the economic and legal debate over money for centuries. Private money can either compete with or complement public money and this depends on the applicable law and the relative powers of the State and private parties. The rise of disruptive digital and cryptographic technologies applied to money creation has the potential to innovate this century-long debate.This article proposes a framework to analyse the role of the law in the relation to the risks and benefits of having circulating private money competing with public money. Accordingly, the article highlights the unprecedented threat to monetary sovereignty, the risks to systemic stability and, ultimately, to democratic decision-making prompted by digital private money.To counter these risks while seizing potential efficiency gains generated by novel forms of private money, the article proposes to regulate convertibility and fragment by regulation such a potentially global market.

A mini review of hazardous wastes generated by environmental analytical laboratories: a perspective from Sri Lanka as an economically developing country.

Attention given to environmental pollution caused by environmental analytical (EA) laboratories is very poor in Sri Lanka (an economically developing country). This article discusses EA laboratory effluents and hazardous solid wastes, current environmental management practices, and the legislative requirements in Sri Lanka. Effluent quantities generated are low (29.99-63.09 L/week), but characterized with variable pH, high chemical oxygen demand (COD), total suspended solids (TSS) and heavy metals, and very high ecotoxicity. Quantities of chemical-contaminated solid wastes is 80-100 kg/year (excluding outdated and rejected chemicals). Most laboratories dispose chemical-contaminated solid wastes mixed with non-hazardous recyclables using the services of local authorities and some laboratories (particularly in areas where there is no municipal solid waste collection), practice backyard dumping or open burning, while a few laboratories employ private parties to dispose or burn these wastes elsewhere. Only one laboratory is disposing chemical-contaminated solid wastes through co-processing. Appropriate waste management strategies (including some cleaner production concepts) are discussed in this paper for selected streams of hazardous wastes.

Unsolicited Proposals in Public-Private Partnerships: a Conceptual View

Introduction. A well-developed infrastructure is key to the success of any business or country. It stimulates economic development, cost reduction, mobility and access to basic services. In order to speed up the development of infrastructure, governments around the world have turned to a tool such as the Public Private Partnership (PPP). PPPs can be initiated either by a public party, which involves competitive bidding (solicited proposals), or by a private investor, in which case the mechanism is called unsolicited proposals (USP). This article attempts to conceptualise the validity of the practical implementation of USP in PPPs. It focuses on identifying the motives of the parties, the organisational mechanisms used, and the benefits and limitations of USP. The study takes into account existing world practice and data from peer-reviewed scientific journals.Methods. The study is based on a literature review of peer-reviewed scientific articles indexed in citation databases such as Scopus, Web of Science and eLibrary.Ru. In addition, data from open sources such as the Rosinfra reports and the World Bank Group’s “Private Participation in Infrastructure” database have been used.Results. The analysis showed that the results of USP are associated with (1) a number of conflicting motives of public and private parties, (2) the specificities of the organisational approach, and (3) a possible set of positive or negative outcomes. This explains, in our view, the uneven use of USP by groups of countries with different levels of economic development. As a result, we propose the conceptual scheme of the use of USP in PPPs.Discussion. The results are in line with the data of other researchers and point to the potential and prospects for further use of USP in PPPs. Further research will be devoted to collecting and processing statistical data on the results of UPS in a number of countries. This will allow a more rational approach to the development of organisational and management mechanisms for the implementation of PPP projects based on USP. This will ensure maximum socio-economic impact.

Desalination of seawater in Morocco: Case study of Chtouka and Dakhla public‐private partnership projects

AbstractSituated between the southern Mediterranean and the Sahara Desert, Morocco has a semi‐arid climate characterized by low and irregular rainfall and a succession of dry years. With demographic and economic growth, the country's water needs are constantly increasing. The desalination of sea water is an option adopted by the government to cope with the drying up of water resources. A number of projects have been launched to secure the country's drinking water and irrigation needs. In this study, the contributions of the public‐private partnership (PPP) set‐up are assessed from the institutional, financial, technical, and management points of view, as well as the contribution of this set‐up to the success of major desalination projects for irrigation. To achieve the objective, the study focused on two desalination projects for irrigation, one in the Chtouka plain and another in the Dakhla area, based on an assessment of the various components of the two projects, and the key success factors for each of them. The study reveals that the PPP arrangement brings several advantages to these desalination projects for irrigation, principally: the participation of the private partner in the financing, the sharing of risks between the two public and private parties, and the sustainable management of the various components of the project. The Dakhla project also offers added value compared with other desalination PPP projects, because it is the first project to be included in Law No. 86‐12 on PPP contracts. At the same time, the PPP structure presents risks in terms of controlling delays caused by external events. Thus, the inauguration of new desalination PPP projects, as part of the Generation Green strategy, is proving to be a relevant solution for guaranteeing additional resources for irrigation and improving the technical, economic, and financial conditions for managing the irrigation water service.

Public Private Community Partnership in Ngebel Lake Tourism Development, Ponorogo Regency

Tourism development is one of the priority sectors in a country because the influence of tourism is able to drive economic growth and become the country's largest foreign exchange earner. In developing tourism, the government has entered into partnerships such as that carried out by the Ponorogo Regency Government with the Moroccan International Group Of Development, Technologies And Construction Companies (GDTC) and the Ngebel Tourism Awareness Group (POKDARWIS) as the government's effort to develop Ngebel Lake tourism. The purpose of this research is to describe and analyze the characteristics of the Public, Private, and Community Partnership (PPCP) in the development of tourism in Ngebel Ponorogo Regency as well as the supporting and inhibiting factors. The method used is descriptive qualitative with data collection techniques through observation, interviews, and documentation. The data analysis technique uses data collection, data reduction, data display and verification. The results of this study found that the partnership between DISBUDPARPORA Ponorogo Regency, GDTC International Morocco and POKDARWIS Ngebel has not gone well, there are still obstacles between the government and private parties and in the budget that was initially submitted by the private party, they switched to using the APBD budget with government problems, which did not immediately make BUMD a requirement for disbursement of funds from the private sector. Therefore, it is necessary to improve the characteristics of successful partnerships so that stakeholders can improve themselves before collaborating

The role of local government in Reog Ponorogo MSME empowerment: A regulator, facilitator, and catalyst

This research aims to understand the role of the government as a regulator, facilitator, and catalyst in empowering MSMEs in Reog Ponorogo. The qualitative descriptive research method is used with data collection using observation, interviews, and documentation methods. The results of this research show that the role of local government as a regulator, facilitator, and catalyst in empowering MSMEs in Reog Ponorogo still needs to be improved. As a regulator, the local government should be able to create policies or regulations that agencies can implement to develop Ponorogo Reog MSMEs, such as agency uniform regulations that use Reog attributes in August. The government's role as a catalyst is to provide accessible trading permits for new MSMEs and provide stimulus in the form of people's business credit or KUR in collaboration with private parties in developing MSMEs with relatively simple application requirements.

ISLAMIC SCHOOL IMAGE AND SERVICE QUALITY ON ISLAMIC ELEMENTARY SCHOOLS: THE ROLE OF WORD OF MOUTH AS MEDIATION

In the current era, schools founded by private parties are increasing. Of course, it increases the competition between these private and public schools. Schools with international concepts, for example, have also become many choices for prospective students. Besides that, religion-based schools such as Christian, Buddhist, or Islamic schools are also an option now. For this reason, this study aimed to analyze the role of school Islamic image, service quality, and word of mouth on parents' decisions to choose private Islamic schools in Pekanbaru. This type of research is quantitative research. This study used 200 parents of grade 1 students at a private Islamic elementary school in Pekanbaru as samples, and the sampling technique used was simple random sampling. A structural equation model (SEM) with PLS is the data analysis technique. The results of this study indicate that Islamic school image has no significant influence on word of mouth, Islamic school image has no significant influence on parents' interest, Service quality has an impact on word of mouth, Service quality has an influence on parents' interest, Word of mouth can't mediate the relationship of Islamic school image on parent's interest, and Word of mouth can mediate the relationship service quality on parent's interest. Therefore, the Islamic idea does not motivate parents to choose their children's schools. Still, the service quality is the key to increasing their competitiveness against other private schools.

Legal Analysis of the Freedom of Contract Principle in Lease Contracts between the Director General of Civil Aviation and Private Flight Schools

In accordance with an open system, everyone is permitted to enter into an agreement so long as it is founded on good faith, according to Indonesian treaty law. This approach is not entirely relevant in the practice of lease agreements held by the government (Director General of Civil Aviation) with private parties (Private Flight Schools), as the lease agreement was made in a way that the terms were made by default. In order to collect secondary data in the form of primary and secondary legal materials, this research employs a normative juridical approach, law-based research as norms and rules that are both written and unwritten through literary studies, and document studies. The findings revealed that the format of common lease agreements negotiated between the government (Director General of Civil Aviation) and private parties (Private Flight Schools) was subject to constraints. This demonstrates how the idea of complete contract freedom is not being applied. The posture or bargaining position between the parties to the agreement is not balanced, which gives the airport with a stronger position options. As a result, the airport's rules and regulations have an impact on the tenant's rights.

Multispecies marginality: Mangroves and migrant Papuans in the margins of urban colonisation

AbstractWest Papuans' dependency on mangroves is a consequence of Sorong's status as a frontier town. Originally developed to accommodate the oil industry, Sorong is an attraction for Indonesian settlers who have dominated and continue to dominate the town's geographical and economic spaces. By combining multispecies ethnographic studies with issues of power relations in urban areas related to settler colonialism and racial discrimination, this paper aims to reveal marginalised human species that are interconnected with their ecosystems. In addition to exploring the interdependence between humans and other species, and their common fate, a multispecies ethnographic approach also delves into the impact of urban development on marginalised human communities and their relationship with affected species. This enables a comprehensive understanding of how the well‐being of these communities is inextricably linked to the health and survival of the entire ecosystem. Focusing on the Kokoda migrant community in Sorong, Indonesia, this article is based on research that has been conducted intermittently since 2019. A community that is accustomed to living within a mangrove ecosystem, Kokoda have the endurance to live in a degraded environment. By co‐existing with the mangrove forest, they have created a commons in the swamp as their livelihood space. Paradoxically, the Kokoda also pragmatically participate in mangrove‐planting programs instigated by both the government and private parties. However, despite the fact that urban housing development is the cause of massive mangrove deforestation, the Kokoda community is most responsible for mangrove deforestation.

Subjective burden of government-imposed Covid-19 restrictions in Switzerland: Evidence from the 2022 LINK Covid-19 survey.

While a large literature has quantified the health and economic impact of COVID-19, estimates on the subjective losses in quality of life due to government imposed restrictions remain scarce. We conducted a nationally representative online survey in Switzerland in February 2022 to measure average self-reported quality of life with government restrictions. We used a discrete choice experiment to compute average willingness to pay for avoiding specific restrictions and time-trade-off questions to quantify the relative quality of life under restrictions. A total of 1299 Swiss residents completed the online survey between February 9th and 15th, 2022. On average, respondents valued life under severe restrictions at 39% of their usual life (estimated relative utility 0.39 [0.37, 0.42]). Willingness to pay for avoiding restrictions was lowest for masks (CHF 663 [319, 1007]), and highest for schools and daycares (CHF 4123 [3443, 4803]) as well as private parties (CHF 4520 [3811, 5229]). We estimate that between March 2020 and February 2022 a total of 5.7 Million QALYs were lost due to light, moderate and severe restrictions imposed by the governments. The quality of life losses due to government restrictions are substantial, particularly when it comes to the closure of schools and daycares, as well as the prohibition of private gatherings. Future policies should weigh these costs against the health benefits achievable with specific measures.

Sexual Behaviour and STI Incidence in Sexually Active MSM Living With HIV in Times of COVID-19.

Despite decreased numbers of sexual partners, the COVID-19 pandemic had limited impact on the prevalence of attending private sex parties, traveling for sex within Switzerland, and practicing chemsex in men with HIV who have sex with men. COVID-19 risk perception was low, and STI-diagnosis incidence rates remained stable over time.

Government Colonial Policy and Indigenous Organizations in The Field of Health in Surabaya 1900-1939

The purpose of this research is to determine the role of indigenous organizations and Dutch government policies as the implementing authority in addressing diseases that affected the community from 1900 to 1939 in Surabaya. This research study employs a historical method consisting of Heuristics (source collection), Source Criticism, Interpretation, and finally Historiography (presentation of data in written form). Based on the research findings and data sources obtained, it is revealed that the policies issued by the colonial government were the result of the involvement of intellectual figures and private organizations who actively conveyed criticisms. The research findings discovered that throughout its course, the colonial government collaborated with educated indigenous figures to promote a healthy lifestyle. In addition to establishing hospitals and health centers, the improvement of public health focused on preventive measures, such as promoting clean living habits among the community. The final results of this research indicate that the government's success in curbing the spread of diseases was not solely achieved through its own efforts, but through collaboration between the government, private parties, and the community.

Strategi Pengembangan Edutourism Kebun Kopi Terhadap Kesejahteraan Masyarakat Sembalun Sajang (Studi Kasus Pada Kelompok Tani Bumi Lestari)

Sembalun coffee plantations used to be very extensive coffee plantations, in which the livelihoods of the Sembalun people were coffee grown during the Dutch Colonialization era as the main producer of coffee in Lombok. The general research objective is to analyze edutourism management strategies for coffee plantations for the welfare of the people of Sembalun Sajang. The method used is descriptive qualitative method by means of interviews and field observations. Based on the results of the research, it shows that in the conservation aspect, the Bumi Lestari Farmers Group has carried out several missions for the development of the Edutourism area in Sembalun Sajang Village, such as preserving nature. On the economic aspect, it has provided economic benefits for area managers, tour organizers and the local community.In the aspect of the active role of the community, the result is that the surrounding community has contributed to the development of science by collaborating with government and private parties so that everything can run well in accordance with prevailing trends . And in the tourism aspect, special attention is needed from the local office to improve facilities and provide clear access to information for potential tourists so they want to come for a tour of this educational area.

Private Actions to Protect Medicaid Live to See Another Day

This Viewpoint discusses the recently decided Supreme Court Talevski lawsuit that affirmed that private parties can enforce federal Medicaid law against noncompliant states.

PRINSIP KEADILAN DALAM PELAKSANAAN PERATURAN DI BIDANG KETENAGALISTRIKAN TERHADAP PIHAK SWASTA DALAM USAHA PENYEDIAAN TENAGA LISTRIK

Article 33 paragraph (2) and paragraph (3) of the 1945 Constitution of the Republic of Indonesia regulates guarantees for the exploitation of electricity supply which is controlled by the state which is used for the maximum prosperity of the people. However, in an effort to increase the country's ability to supply electricity, the government provides opportunities for private business entities, cooperatives and non-governmental organizations to participate in the electricity supply business. Problems arise when there is a PT PLN (Persero) policy that limits the rights of private actors in supplying electricity. The problem in this study is how is the principle of justice in the implementation of regulations in the electricity sector towards private parties in the business of providing electricity? The research method used is normative juridical. The results of the study reveal that the principle of justice in the implementation of regulations in the electricity sector towards private parties in the business of supplying electricity is contrary to the principle of distributive justice. The actions of PT PLN (Persero) regarding making it difficult for the installed power capacity of the development of rooftop PLTS to a maximum of 15% in several regions are inseparable from the Indonesian ideology which is based on nationalist understanding which is more concerned with domestic interests. If PT PLN (Persero) could pay attention to the Constitutional Court Decision Number 111/PUU-XIII/2015 which states that the phrase "state control" accommodates the Constitutional Court not in the sense that the state owns it, but in the sense that the state only formulates it including regulatory aspects (regelendaad) , management (bestuursdaad), management (beheersdaad), and supervision (toezichthondensdaad).

The wrong of mercenarism: a promissory account

The wrong of mercenarism: a promissory account

Planning for the Construction of Facilities and Infrastructure for Household Waste Management in Parung Panjang District

(1) Careless disposal of household waste around the house or to the street has become a habit of some people in Parung Panjang District, Bogor Regency, causing several environmentally based diseases and polluting the environment. Therefore, it is necessary to conduct a (3) study on household waste management based on technical, operational, institutional, financing, legal/regulatory aspects and community participation. (4) This observation aims to examine household waste management and correlated factors, as well as plan community-based household waste management. (5) The suggestions given include: To make a better environment, facilities and infrastructure must be adequate, there must be TPSS for disposal facilities, to maximize the improvement of waste management services by the HSS District Government, in this case the Environment, Urban and Rural Planning, then prepare technical aspects of operations, strict enforcement of local laws/regulations, and involve private parties and the Journal of Environmental Sciences in the aspect of its financing. Improving waste services, establishing village waste management groups, involving the public and private sector in financing, increasing cross-sectoral coordination and involving community and religious leaders, as well as strict implementation of waste regulations.

Strategi Pengembangan Objek Wisata Di Kabupaten Pelalawan

Pelalawan Regency is one of the regencies in Riau Province, which has tourism potential that is quite potential to be developed. Tourism objects that need to be developed and have received the attention of the district government since 2015 are the Tajwid Lake and the Petalangan Cultural Center tourist attraction. Lake Tajwid is located in Langgam District and is managed by three parties, firstly the private party manages the rides, secondly the government manages entrance tickets and thirdly Ninik Mamak manages the forest around the lake. The Petalangan Cultural Center tourist attraction is located around the Betung Lake tourist attraction in Betung Village, approximately 16 Km from Pangkalan Kuras sub-district, about 53 Km from Pangkalan Kerinci City of Pelalawan Regency. Betung Village is a village of indigenous Pelalawan residents consisting of the indigenous Malay people of Petalangan which is a miniature of the Petalangan community, this is an attraction for visitors to Lake Betung. The fluctuating number of visitors to tourist attractions from 2012 to 2019, because they have not been supported by facilities and infrastructure as well as supporting infrastructure for tourist objects. In this study, 100 respondents were taken as samples for the Tajwid Lake tourist attraction and 73 respondents for the Petalangan Lake Betung Cultural Center tourist attraction. The sampling technique is accidental sampling. Data analysis for tourism object development strategies uses SWOT, looking at internal factors, namely strengths and weaknesses and external factors, namely opportunities and threats. The results showed that the alternative strategy used for the tourist attraction of Lake Tajwid and the Petalangan Danau Betung Cultural Center is S-O (Strength and Opportunities), has good natural potential to be developed, but has not been used optimally. strategy by using strength (Strength) to take advantage of opportunities (Opportunities).

GOVERNMENT’S ATTEMPT TO PREVENT UNFAIR BUSINESS COMPETITION PRACTICES IN INDONESIA: COMPARISON ON REGULATION OF THE COMMISSION FOR THE SUPERVISION OF BUSINESS COMPETITION

Joint venture in Indonesia has been regulated through Government Regulation No. 20 of 1994 concerning Ownership of Shares of Companies Established in the Framework of Investment and Presidential Decree no. 32, 33 and 34 of 1992 in which a cooperation between foreign capital and national parties intended by the government to provide protection and the role or participation of national private parties in the implementation of foreign investment in Indonesia. Foreign Investment in Indonesia must be in the form of a Limited Liability Company based on Indonesian law and domiciled within the territory of the Republic of Indonesia, unless otherwise stipulated in the Law. This is due to the function of the PT itself, namely the limitation of liability for shareholders. With the proliferation of Foreign Investment implementation in Indonesia, the Government has arranged to continue to provide equal opportunities for every citizen to actively participate in the investment sector. The method of research is normative legal research and type of data analysis used is a qualitative approach with literature studie. Result, one of the government's efforts to prevent monopolistic practices is to oblige business actors to make a notification or notification to the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha).

A Lifesaving Initiative for Patients with Kidney Failure: A Well-structured and Efficiently Implemented, Pioneering, Public–Private Health Partnership in India

The dialysis machine acts as an artificial kidney, a lifesaver for patients whose both kidneys have failed. But the dialysis process is physically painful and economically stressful, especially for poor patients. Even for the government the cost of providing dialysis services to poor patients is exorbitant. This is a case of the setting of the dialysis centres by the Andhra Pradesh Government in partnership with the private service provider on a public-private partnerships basis. There was a dilemma whether to do this project wholly through government budgets or forming a partnership with a private party to implement the project. The project emerged as a successful and imitable example of a public–private partnership for the rest of the country and other developing countries. Apart from being a financially sound and bankable project, efficient project management, efficient contract and risk management, vigilant monitoring by the government, sound payment mechanism and mutually beneficial partnership are the driving factors for the success of this pioneering healthcare PPP project in India.