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URGENSI PENGATURAN DOKTRIN PROMISSORY OF ESTOPPEL DI INDONESIA
No full textMuhammad Al Ghiffary, Budi Santoso, Setiawan Wicaksono
Fakultas Hukum Universitas Brawijaya
Jl. MT. Haryono No.169 Malang
e-mail: [email protected]
ABSTRAK
Penelitian ini mengangkat permasalahan mengenai kepastian hukum dari perjanjian pra kontrak dengan menggunakan sebuah doktrin dari negara common law yakni doktrin promissory of estoppel. Perjanjian Pra kontrak merupakan sebuah janji yang disampaikan salah satu pihak kepada pihak lain dalam perundingan (preliminary negotiation) dengan harapan pihak lain menerima janji tersebut dan kontrak di antara para pihak yang berunding dapat terwujud. Penting halnya nya bagi mahasiswa hukum melakukan suatu penelitian atau riset secara komprehensif mengenai seusatu yang memiliki kemungkinan reliance loss karena tidak adanya kepastian hukum. Berdasarkan hal tersebut diatas, maka skripsi ini mengangkat rumusan masalah mengenai: Apa urgensi pengaturan doktrin promissory estoppel di Indonesia? Dan Bagaimana pengaturan doktrin promissory estoppel yang berkepastian hukum?
Perundingan atau negosiasi prakontrak merupakan tahapan dalam pembentukan suatu kontrak (formation of a contract). Kedudukan prakontrak dalam sistem hukum kontrak Indonesia belum diakui, hal ini ditandai dengan Indonesia masih menganut teori klasik hukum kontrak dimana asas itikad baik tidak melindungi pihak yang menderita kerugian dalam tahap pra kontrak karena dalam tahap ini perjanjian belum memenuhi syarat hal tertentu serta tidak adanya pengaturan khusus mengenai prakontrak sebagai tahapan pembentukan suatu kontrak (formation of a contract), padahal di negaranegara maju, prakontrak telah diatur sedemikian rupa baik melalui legislasi maupun penerapan doktrin hukum yang relevan. dengan adanya doktrin promissory of estoppel, perjanjian belum memenuhi syarat hal atau objek tertentu dalam hal ini pra perjanjian, dapat melindungi pihak yang telah menaruh suatu kepercayaan terhadap pihak lain dalam proses pelaksanaan negosiasi yang menyebabkan dia melakukan perbuatan hukum tertentu (rechtshandeling) dan menyebabkan lahirnya reliance loss.
Kata Kunci : Urgensi, Doktrin, Promissory of Estoppel
ABSTRACT
This research investigates the issue regarding the legal certainty of a pre-contract agreement referring to the doctrine that common law countries adhere to, the promissory of estoppel. A precontract agreement represents a promise given by a party to another party in preliminary negotiation with the expectation that the other party concerned accepts the promise and the contract between the two parties takes place. It is essential for law students to conduct comprehensive research on matters regarding the reliance loss probability due to the absence of legal certainty. Departing from this issue, this research aims to investigate: what is the urgency in the regulation of the doctrine of promissory estoppel in Indonesia? And how is this doctrine regulated without ruling out the need for legal certainty?
Negotiation over a pre-contract agreement serves as a stage in the formation of a contract. The position of pre-contract-related matters in the legal system in Indonesia is not recognized, recalling that Indonesia still refers to the classic theories of contract law, where the principle of good faith does not protect aggrieved parties at the pre-contract level because a contract has not fulfilled certain requirements and there is no specific regulation concerning contracts as part of the stage of the formation of a contract. However, in developed countries, a pre-contract is appropriately governed by legislation or the application of relevant legal doctrines. The presence of the doctrine of promissory of estoppel, regarding an agreement that does not fulfill a particular object or matter called a pre-contract, can protect the party that has trust in another party in the process of a negotiation that triggers the party to take a legal action (rechtshandeling) causing reliance loss.
Keywords: Urgency, Doctrine, Promissory of Estoppe
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
Author Under Sail The Imagination of Jack London, 1893-1902
No full textIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Spirit Truth -- 2. From Absorption to Theatricality and Back Again -- 3. "I Will Build a New Present" -- 4. Sons as Authors -- 5. Fathers as Publishers -- 6. The Daughter as Author -- 7. Lovers as Authors -- 8. At Sea with the Family -- 9. Yellow News, Yellow Stories -- 10. The Return Home -- Notes -- Bibliography -- Index -- About Jay WilliamsIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
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