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All Journal Jurnal Dinamika Hukum Perspektif : Kajian Masalah Hukum dan Pembangunan Supremasi Hukum: Jurnal Penelitian Hukum Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Yuridika Asian Journal of Management, Entrepreneurship and Social Science

Yohanes Sogar Simamora

Fakultas Hukum Universitas Airlangga

Author-ID : 1786467

Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 9 Documents Claim Missing Document

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MATERIAL TRANSFER AGREEMENT SEBAGAI SARANA PERLINDUNGAN HUKUM PARA PIHAK DALAM PERJANJIAN PENGALIHAN MATERI BIOLOGI Sogar Simamora; Agung Sudjatmiko; Ria Setyawati
Yuridika Vol. 31 No. 2 (2016): Volume 31 No 2 May 2016
Publisher : Universitas Airlangga

Biological material is largely a free component, but the development of these materials can be objects that have commercial high value. Thus, the biological material is also associated with the ownership and control should be regulated by the misuse of biological materials hukum. According to the characteristics of MTA as a civil agreement, the parties will be decisive in the formulation of the agreement, but the characteristics of biological materials, including viruses, which can endanger the safety and threaten public health requires the use of surveillance capabilities sampled by the competent authority. Thus, the protection of the right to material biologidan implementation monitoring system redirects biological materials need to be studied in detail for the purpose of sharing microbiological material for the benefit of mankind could reached . Indonesia's cases refusal to carry through the mechanism of virus sharing GISN (Global Influenza Surveillance Network) in the system of the World Health Organization (wHO) in 2007, the result of a lack of regulations concerning the transfer of biological material not truly perfect

BINDING EFFECT OF ARBITRATION CLAUSE TO THIRD PARTIES: PRIVITY OF CONTRACT DOCTRINE Vs. PIERCING THE CORPORATE VEIL Y Sogar Simamora; Sujayadi Sujayadi; Yuniarti Yuniarti
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

The arbitration agreement is the legal basis for the arbitration forum to examine and adjudicate the dispute which arose from a private relationship where the parties agree to settle the dispute in arbitration forum. As an agreement, the arbitration agreement still applies the principles of contract, including the principle of privity of contract. In the doctrine of privity of contract, an agreement is only binding and have legal effect only to the parties, the agreement in principle, cannot provide profit or loss to a third party. In the arbitration agreement, only the parties are bound by the arbitration agreement that can become parties to the case investigation. However, in the development of arbitration practice also shows that a third party, not a signatory to the arbitration agreement can be held accountable through an examination of the arbitration case. Such a situation is possible if the third party is resident as a holding company or shareholder of a limited liability company, in which the limited liability company is bound by an arbitration agreement, and the holding company or shareholder proven to perform actions through a subsidiary or a limited liability resulting harm the other party.

Binding Power of Dispute Board Judgment in Construction Dispute Settlement Lintang Yudhantaka; Yohanes Sogar Simamora; Ghansham Anand
Yuridika Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i1.42717

Construction work in its implementation is carried out based on a contract. If there are problems in carrying out construction work, a dispute between the parties, in this case the service user and the service provider, will occur. Indonesia Law No. 2/2017 about Construction Services (hereafter called UU 2/2017) provides a new dispute resolution model option if problems occur in the construction sector, namely through the Dispute Board. The Dispute Board was created by the International Federation of Consulting Engineers / Federation Internationale des Ingenieurs-Conseils or FIDIC which was adopted into UU 2/2017. However, the regulation regarding the Dispute Board in UU 2/2017 needs to be studied further, especially regarding the nature of the final binding decision, because it still raises problems in its implementation. The purpose of this study is to examine the development of dispute resolution in the field of construction and the implementation of the final and binding nature of dispute board decisions. This study employed legal research methods with a conceptual and statute approach. The results of this study found that construction disputes can be resolved through litigation or non-litigation. The presence of the Dispute Board still does not provide legal certainty for the parties because the nature of the decision is final and binding but is not supported by an implementation mechanism.

Co-Authors Abdul Rachmad Budiono Adri Dyasita Agung Sudjatmiko Ghansham Anand Kemilau Mutik Lintang Yudhantaka Moh. Fadli Peni Jati Setyowati Setyawati, Ria Shinta Hadiyantina Sujayadi ., Sujayadi Yuniarti Yuniarti

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