Opinion on Security Paper of Land Purchasing

1. General Preview

Governing law, land ownership and rights are governed by Law No. 5 of 1960 concerning Basic Agrarian Law. Only Indonesian may hold full right to land, air and water (Art.9(1) of Law No. 5 of 1960). Law No. 5 of 1960 specifically in corporate principle Adat Law which are generally unwritten, vary across Indonesia and produce legal uncertainty. Foreigner, including former Indonesia citizen, who inherit or otherwise obtain transfers trough marriage of right ownership must release right within 1 year or revert to State. Also right of ownership can be object of mortgage.

The unique in Bali, we have very interesting atmosphere and circumstances regards on tourism industry and purposes that one of the trigger for foreigner to have property in Bali. It must be mutual understanding and do not harm any of the parties to conduct this situation (in legal term is agreement).

In legal and law perspective, foreigner shall have the ownership in authorized Indonesian to have the ownership and once in the same time releasing the ownership itself in mortgage with no exception, and must be done by legal professional advocate and notary (and land conveyer).

2. Fundamental of Agreement

Having valid and right agreement and can bound the parties, we have to fulfilled the conditions and requirements based on Private Law (Burgerlijk Wetboek), book number two, that stipulated Art. 1320, 1338 and 1339; in general 1. Agreement reached, 2. Authority to conduct, 3. The specific purposes, and 4. Condition legally accepted. Other condition must be considered and fulfilled; 1. Good faith, 2. In accordance with custom, 3. in accordance with propriety, and 4. In accordance with public interest.

Develop Contract Business Hire – Purchase in Economic Perspective to create SMART Customer

Contract business hire – purchase is really mushrooming recently, it is good sign and indication that our society are becoming beware of law enforcement. In other side as customer off course it is not enough since not calculating benefit cost ratio and economic added value. Concerning to the right and compulsory or obligation between parties should be also creating added value for the parties. Now days, mostly the parties only stipulated and concern the magnitude of nominal rupiah without calculating benefit cost ratio and defining equality position before the law based on contract business it self.

Create economic added value is the important part should be though in the beginning, like business contract hire - purchase electronic goods that recently very mushrooming. With pattern of emotion purchasing only few of customer desire to calculate benefit cost ratio in detail, regarding the application of Law Number 008 Year 1999 about customer protection. Digging up the economic added value in economic perspective and law about business contract hire purchase hence, the key things are pattern of income customers, saving, free risk of bank central, interest rate in market and opportunity cost. The items are stipulated is the application of BW, chapter 1365 about the element of loss covered.

Bali, no different, walk a bang of Tengku Umar street it is digital world that never sleep and fully crowded of customers. Get in to one phone shop; there are many kinds of hand phone from the conventional to sophisticated one from the cheap to the expensive one, off course this circumstances really spoiled the customer and triggering the purchasing on emotion. Customers not really care about need and utility that finally can not match the equilibrium between indifferent curve and budget line. It is also indicate that pattern of purchasing not different and must be shifted become smart customer.

Based on fact finding now days, it is the starting point of customer to eager to calculate benefit cost ratio, added value and defining equality between parties in signing the business contract of hire purchase especially for electronic goods. With having the pattern above, purchasing on emotion going to be shifted become as smart customer.

Implementing Outsourcing in Indonesia Labor Law Perfective

Phenomena comes up nowadays regarding outsourcing service is spreading and managing labor conflict exposure or risk in employee site but in other hand employees also feel no certainty before the law in Indonesia. Involving the third party outsourcing service is one of solution also the sign of shifting paradigm in risk management for human resources management.

Employee’s thought with transferring labor exposure to outsourcing service can create very positive impact in working environment such as leveraging effectiveness, efficiency and productive and finally impacting company profit and increasing value of company. Other issue off course employee no needs to spend sink cost of labor conflicts in future. Those thought above in line with human resources operational function such as development, training, retaining & maintaining, remuneration package and lay off program.

In labor site, mostly they feel not well about oursourcing, because in their thought there is no equal position among parties before the law. As reference website www.detik.com wrote one electronic factory in Cikampek, West Java, laid off 500 employers with the reason those employers abusing working time for other personal purposes, and next the company empower outsourcing service for some rutines operation. It indicates employee not price the employers as assets in the whole total business activities.

Accordance in Law No. 13 Year 2003 about man power in chapter 64 to 65, very clear explaining and arranging the outsourcing matters hence, it must be more positive impact comes from outsourcing. How to implement outsourcing based on Law in Indonesia and beneficial for parties is going to be dig up in this essay. Having win-win solution among parties employee, employers, government and society should be in detail stipulated in service level agreement such as constrains, key performance indicators, contingency plan and service level guarantee. Hopefully this essay can be the trigger to see outsourcing as solution to have batter man power environment.

Bankruptcy of PT Courts Indonesia, Tbk from Business Law perspective

Contract business hire – purchase is really mushrooming recently, it is good sign and indication that our society are becoming beware of law enforcement. In other side as customer off course it is not enough since not calculating benefit cost ratio and economic added value. Concerning to the right and compulsory or obligation between parties should be also creating added value for the parties. Now days, mostly the parties only stipulated and concern the magnitude of nominal rupiah without calculating benefit cost ratio and defining equality position before the law based on contract business it self.

Create economic added value is the important part should be though in the beginning, like business contract hire - purchase electronic goods that recently very mushrooming. With pattern of emotion purchasing only few of customer desire to calculate benefit cost ratio in detail, regarding the application of Law Number 008 Year 1999 about customer protection. Digging up the economic added value in economic perspective and law about business contract hire purchase hence, the key things are pattern of income customers, saving, free risk of bank central, interest rate in market and opportunity cost. The items are stipulated is the application of BW, chapter 1365 about the element of loss covered.

Bali, no different, walk a bang of Tengku Umar street it is digital world that never sleep and fully crowded of customers. Get in to one phone shop; there are many kinds of hand phone from the conventional to sophisticated one from the cheap to the expensive one, off course this circumstances really spoiled the customer and triggering the purchasing on emotion. Customers not really care about need and utility that finally can not match the equilibrium between indifferent curve and budget line. It is also indicate that pattern of purchasing not different and must be shifted become smart customer.

Based on fact finding now days, it is the starting point of customer to eager to calculate benefit cost ratio, added value and defining equality between parties in signing the business contract of hire purchase especially for electronic goods. With having the pattern above, purchasing on emotion going to be shifted become as smart customer.