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Government Cooperation with Business Entities in the Procurement of Infrastructure based on the Presidential Regulation Number 38 Year 2015 Study Drinking Water Supply System (Spam) in Umbulan Dwi Alfianto; Sabela Gayo
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.2724

Development of infrastructure is necessary, the concept of Government Cooperation with Business Entities could be a solution, the rules of this concept is mutual cooperation. On the scheme of Government Cooperation with Business Entities, state-owned companies and private support each other in the fund and accelerate the growth of infrastructure. Government Cooperation with Business Entities also known as Public Private Partnership is the concept of collaboration in the construction of infrastructure that involve private parties, so that the main obstacle to infrastructure development in the setting up of funds and human resources are limited through the Government Cooperation with Business Entities is a good opportunity to overcome these obstacles. Government cooperation With Business Entities In the Procurement of the Infrastructure is regulated in Presidential Regulation No. 38 of 2015. Drinking Water Supply system (SPAM) Umbulan East Java is the first project in the water sector that utilizes the scheme of Government Cooperation with Business Entities. The problems in this article is about the concept of the program of Government Cooperation with Business Entities in the procurement of infrastructure, Government guarantees on infrastructure projects through the scheme of Government Cooperation with Business Entities and the implementation of Government Cooperation with Business Entities in the system of procurement of drinking water in Umbulan East Java based on presidential Regulation No. 38 of 2015.

The Use of Mediation as An Alternative Dispute Resolution In The Settlement of Agrarian Disputes Sabela Gayo
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

In Indonesia the land dispute is a problem that always arises because it is related to one of the human needs, especially if there is currently an instruction to the settlement efforts of the land mafia in Indonesaia. Usually land cases are always through the court diamana settlement of land cases through judicial channels a lot of shortcomings including very bureaucratic, time consuming labor and quite a lot of costs. Although the principle of dispute resolution in court is resolved with fast time and low cost but in reality it is difficult to implement. One way of Alternative dispute resolution settlement in agrarian dispute settlement is done through appropriate mediation, the management, assessment and handling of land cases which is the task of all levels of society in helping the task of the National Land Agency in resolving land cases can be resolved quickly.

The Use Of Mediation As An Alternative Dispute Resolution In Oil And Gas Dispute Sabela Gayo
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (222.024 KB)

Regulation of oil and gas mining business activities in Indonesia has changed several times since the Dutch colonization until now the last with the transfer of BP Migas to Sksp Migas based on Presidential Regulation No. 95 of 2012 on the transfer of duties and functions of upstream oil and Gas business activities, which was followed by the issuance of the decree of the minister of energy and Mineral Resources No. 3135 Th. 2012 on the transfer of duties, functions and organizations in the implementation of upstream oil and Gas business activities and the decree of the minister of energy and Mineral Resources No. 3135 of 2012. In Law No. 22 of 2001 on oil and Gas and PP no. 35 years. 2004 on upstream oil and Gas business activities, there is no article that regulates the settlement of disputes in the event of a dispute between BP Migas and business entities and / or business forms. In practice, the dispute resolution clause is set forth in the agreement contract of the parties. Based on law no. 22 years. 2001, the parties are BP Migas with a business entity and / or permanent establishment. In the event of a dispute between BP Migas and a business entity, the law used is Indonesian law because both parties are legal entities established under Indonesian law and they are subject to Indonesian law. In the event of a dispute between a permanent establishment and BP Migas, the parties usually use the International Chamber of Commerce (ICC) for example a permanent establishment is a foreign company operating in Indonesia. The choice of settlement outside the court in oil and gas disputes can include mediation, abitrase and others referring to the dispute resolution on oil and gas the right choice in settlement is with the mediassi mechanism where there is a greeting Law No. 30 of 1999 on arbitration and Alternative Dispute Resolution.

The Use of Mediation as an Alternative Dispute Resolution in Village Dispute Resolution Sabela Gayo
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6547

In the current conditions of the covid 19 pandemic and conciliation, it is possible to have disputes, especially those that occur in rural areas, the settlement of village dispute problems is stipulated based on Law No. 6 of 2014, so that the law expands the scope of the law in the settlement of disputes in rural communities and reduce the burden of cases in court. In law No. 6 year 2014 forward mediation as an alternative dispute resolution which is also one of the efforts to revive the culture and empower local wisdom in managing local wisdom. From the results of the study it is clear that alternative dispute resolution through mediation is very effective in maintaining good relations and kinship as the characteristics of the Indonesian nation

RESOLVING ENVIRONMENTAL DISPUTE WITH MEDIATION METHOD Sabela Gayo
International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 1 (2022): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Dispute the Environment is a dispute between two or more parties that posed the presence or suspected presence of contamination and / or destruction of the environment. Dispute settlement environment in the outer court was held to reach an agreement regarding the form and amount of compensation and/or for specific actions to ensure the will not the occurrence or recurrence of a negative impact on the environment. In the settlement of disputes environment outside the court can use the services of a third party, both of which do not have the authority to take decisions and who has the authority to take decisions, to help resolve disputes environment. Mediation is one form of dispute resolution environment outside the court. In order to resolve the dispute the environment outside the court, then the mechanism is the use of Alternative Dispute resolution as stipulated in Law No. 30 of 1999 on Arbitration and Alternative Dispute resolution. The mediation can also be used to resolve environmental disputes in Court that the mechanism is based on the PERMA No. 1, 2008 on the Procedure of Mediation in the Court

THE USE OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE RESOLUTION OF INTELLECTUAL PROPERTY RIGHTS DISPUTES Sabela Gayo
International Asia Of Law and Money Laundering (IAML) Vol. 1 No. 2 (2022): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

In the world of digitization where human ability in business has penetrated into the virtual world, the development of this business needs legal protection of intellectual property is growing very rapidly. Various forms of dispute resolution in the field of intellectual property are then present in supporting the creation of legal protection of intellectual property rights holders in Indonesia. The exclusive rights of these creators, inventors and designers are often abused without rights by others for personal gain. This journal aims to determine the arrangement of dispute resolution in the field of intellectual property and to determine the forms of mediation that can be chosen or used in the resolution of intellectual property disputes. The writing of this journal uses normative legal research methods. The results showed that the arrangement of dispute resolution in court was made by filing a civil lawsuit in the Commercial Court and conducting criminal prosecution in the General Court. Arbitration may also be chosen as a medium for resolving intellectual property disputes. In addition, negotiation, conciliation and mediation are some alternative forms of dispute resolution that can be chosen in the resolution of intellectual property disputes. The forms of mediation referred to here are voluntary mediation (out of court) and penal mediation in criminal charges.

Advantages & Disadvantages Of Mediation And Conciliation As An Industrial Relations Dispute Resolution Option Sabela Gayo
International Asia Of Law and Money Laundering (IAML) Vol. 2 No. 1 (2023): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Since the birth of Law No. 2 of 2004 on industrial dispute resolution, the parties to the dispute have become easier and helped to resolve disputes between them. The instruments provided also become more diverse compared to the old rules. Such as mediation, conciliation and arbitration instruments. However, at the implementation stage, not many people understand the difference between dispute mediation and conciliation in terms of the origin and function of conciliation mediation has different characteristics as a passive mediator while in conciliation the conciliator is more active in resolving disputes. In the settlement of industrial disputes, mediation is used as the main instrument for resolving a wider scope than conciliation. Mediation can deal with disputes of rights, interests, termination of employment (layoffs) and disputes between unions within one company. Conciliation makes progress limited to conflicts of interest, termination, and disputes between unions in one company. Although in fact most of the industrial disputes involving rights disputes. The mediation and conciliation stationery comprehensively summarizes the advantages and disadvantages of each of these tools

The Use Of Mediation In Maritime And Fisheries Dispute Resolution Sabela Gayo
Legalpreneur Journal Volume 2, No. 1 October 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i1.3718

AbstractThe sea is one of the boundaries between countries and is one of the sources of income and life of a nation, Marine Management provides benefits that are so great that all parties orcountries want to explore and exploit these resources, including the high seas, so thatsometimes it causes disputes between partiesincluding between countries in carrying outits management. Disputes that occur can be resolved nationally or internationally,depending on the parties to the dispute in it. Internationally, the settlement of fisheriesdisputes that occur at sea can be resolved peacefully between the two parties, but if apeaceful agreement between the parties cannot be reached , then the procedure forresolving fisheries disputes at sea can be done by mediation methods, namely cooperativemaritime diplomacy, persuasive maritime diplomacy and coercive maritime diplomacy.Keywords: Alternative Dispute Resolution, Marine, Fisheries

The Use Of Mediation In The Settlement Of Public Private Partnerships Disputes Sabela Gayo
International Asia Of Law and Money Laundering (IAML) Vol. 2 No. 3 (2023): International Asia Of Law and Money Laundering (IAML)
Publisher : International Asia Of Law and Money Laundering

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59712/iaml.v2i3.65

The purpose of this study was to analyze the position of the government in government cooperation agreements with business entities and how Alternative Dispute Resolution in KBBU. With normative juridical method, this study found that there is no clear legal basis related to the regulation of the government as a legal entity because Article 1653 of the Civil Code states the recognition of an association as a legal entity is mandatory through legislation; the position of the government is not explained in the general provisions of the PPP Presidential Regulation, but implicitly what the government means in PPP Presidential Regulation is ministries, institutions, and regions represented by Ministers, Heads of institutions and regional heads. Determination of Ministers/Heads of institutions/heads of Regions / BUMN and BUMD as PJPK based on authority in sectoral legislation; and the basis of binding balance in the position of the government as a party to the PPP agreement. So if there is a dispute in the PPP then naturally there is an alternative dispute resolution offered by using mediation as an alternative dispute resolution option.

The Use Of Mediation In Maritime And Fisheries Dispute Resolution Sabela Gayo
Legalpreneur Journal Volume 2, No. 1 October 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i1.3718

AbstractThe sea is one of the boundaries between countries and is one of the sources of income and life of a nation, Marine Management provides benefits that are so great that all parties orcountries want to explore and exploit these resources, including the high seas, so thatsometimes it causes disputes between partiesincluding between countries in carrying outits management. Disputes that occur can be resolved nationally or internationally,depending on the parties to the dispute in it. Internationally, the settlement of fisheriesdisputes that occur at sea can be resolved peacefully between the two parties, but if apeaceful agreement between the parties cannot be reached , then the procedure forresolving fisheries disputes at sea can be done by mediation methods, namely cooperativemaritime diplomacy, persuasive maritime diplomacy and coercive maritime diplomacy.Keywords: Alternative Dispute Resolution, Marine, Fisheries

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